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Guideline 38


An amendment should be explicit, should concern a whole textual unit, and should specify the text to be inserted, added, deleted, or replaced in the amended Act.

38.1. Each amendment should be expressed clearly and in a complete way by a single provision that contains the following elements:
  • reference(s) to the amended provisions (in case of multiple amended provisions, each reference should be specified with sufficient data to facilitate unique and clear identification);
  • date of the amendment’s application, in case it is different to the date of the entry into force of the amending provision;
  • the word-sequence to be inserted, substituted, or deleted (which should be quoted and explicitly identified though a special notation defined with a standard format).
38.2. An amendment should replace complete units of text (a basic-unit or a subdivision) rather than insert or delete single sentences or terms. Fragments of provisions should be amended only to substitute dates or figures, or to substitute the same terms within a whole Act.
38.3. In a substitution, both the textual sequence to be deleted and the textual sequence to be inserted in its place must be specified.
38.4. In the case of multiple amendments (e.g. substitution of a word in several basic-units), an introductory standard formula can be used. However, multiple amendments should be avoided.
38.5. Where several provisions of the same Act are to be amended, it is usually preferable to combine and coordinate coherently all the amendments in a single basic-unit, comprising an introductory phrase and points following the numerical order of the basic-units to be amended. However, when the combination of too many amendments could lose the reader, it might be preferable, for the sake of clarity, to set out the amendments in separate basic-units.
38.6. If several Acts are amended by a single amending Act, the amendments to each Act should be set out together in a separate section. A tabular schedule or annex could also be used for the purpose.
38.7. When a whole Act or annex/schedule is to be deleted, then the whole Act should be expressly repealed.

Guideline 37 Guideline 39

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