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Guideline 15
Where appropriate, provisions on the purpose and applicability of the Act should be included at the beginning of the basic-units.
| 15.1. | The purpose of an Act is the issue the Act deals with, namely, the problem it intends to address. “Applicability” refers to the categories of situations, as well as the persons, to which the Act applies. | |
| 15.2. | A first basic-unit, defining the applicability of the Act, is common in legislation and international agreements. Whether or not it is useful should be determined on a case-by-case basis. | |
| 15.3. | Such a basic-unit should not merely paraphrase the title. In contrast, it may provide information which was not included in the title (in the interests of brevity), but enables the reader to determine from the outset to what and to whom the Act applies. Since such a basic-unit gives the reader the first understanding of the Act, it should not be misleading. | |
| 15.4. | The applicability of the Act should be specified directly through an appropriate provision, rather than by introducing, in the basic-unit that contains definitions, a term covering the entire applicability of the Act. Only a specific provision on applicability enables the user to grasp the applicability of the Act immediately. | |
