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Guideline 41
An amending Act should be of the same type as the amended Act.
| 41.1. | In general, an amending Act should have the same hierarchical legislative level as the amended Act. A primary Act should not be amended by a secondary Act. However, a schedule or annex in a primary Act may be amended by a secondary Act, if the primary Act so provides. | |
| 41.2. | However, a primary Act may give a delegated law-making authority the power to amend a primary Act through secondary legislation. The delegating primary Act should preferably specify the admissible types of amending Acts. When authorising a subordinate authority to modify a primary Act, care should be taken with regard to the principle of separation of powers. | |
