Download as PDF
Affecting existing rights, duties, and situations and addressing past conduct
This is a single section from Chapter 12. Read the full chapter here.
Are all transitional provisions and savings provisions contained in the new legislation?
All transitional provisions should be contained in the new legislation.
For reasons of accessibility and clarity, if the provisions of the Interpretation Act 1999 are not relied on, all transitional provisions should be contained in the Act that they relate to. The current approach is for all transitional provisions to be located in the first schedule of an Act. There are two exceptions to this principle but they should be used rarely and only when there is a genuine need to do so:
- If there are a large number of transitional provisions and savings provisions, it may be appropriate to produce a separate Act to deal with them. However, this can significantly impact the accessibility of the legislation and may introduce undesirable complexity into the statute book.
- If it is not possible to foresee all of the potential transitional and savings issues that might arise, it may be appropriate to create a provision that empowers the Executive to make regulations dealing with transitional and savings issues. This option is not a substitute for a thorough assessment of the potential transitional and savings issues and will likely be the subject of an adverse report from the Regulations Review Committee (see Chapter 15).
The PCO and legal advisers should be consulted at an early stage if it is proposed that new legislation rely on one of the above exceptions.