Document Actions
All content on one page (useful for printing, presentation mode etc.)
Guideline 6
The terminology used in an Act should be consistent within that Act and with the terminology of other Acts already in force, especially in the same field.
| 6.1. | In order to facilitate understanding and interpretation of legislation, the text must be consistent. A distinction can be drawn between terminological consistency, concerning only the use of terms, and logical consistency, which in a broader sense covers the absence of contradictions between the provisions in the Act. | |
| 6.2. | Terminological consistency requires that the same terms are used to express the same concepts, and that identical terms are not used to express different concepts. The aim is to leave no ambiguities, contradictions, or doubts as to the meaning of a term. Any given term is therefore to be used in a uniform manner to refer to the same thing, and another term must be used to express a different concept. | |
| 6.2.1. | The requirement of consistency does not concern only the provisions pertaining to a single Act, including the related annexes and secondary legislation, but it also concerns the provisions of related Acts, in particular implementing Acts and all other Acts covering the same area. In general, terminology should ideally be consistent within all the legislation in force. | |
| 6.2.2. | Words must be used in their ordinary sense. If a word has one meaning in everyday or technical language, but a different meaning in legal language, the phrase must be formulated in such a way as to avoid any ambiguity. | |
| 6.2.3. | Defined terms must be used in a uniform manner and their content must not diverge from the definitions given. If a term is used which was defined in a previous Act, a reference must be made to the previous definition, and the term should be used consistently with such a definition, unless a different interpretation is intended for the purpose of the new Act, in which case the required definition should be provided in the new Act. | |
