Publication - Guidance

Drafting Matters!: guidance

Published: 6 Dec 2018
Directorate:
Parliamentary Counsel Office
Part of:
Law and order
ISBN:
9781787814196

Guidance on the drafting of primary legislation.

171 page PDF

1.2 MB

171 page PDF

1.2 MB

Contents
Drafting Matters!: guidance
List of Contents

171 page PDF

1.2 MB

List of Contents

Introductory matters

Foreword by the Lord Advocate, James Wolffe QC
Preface to the second edition by Andy Beattie, Chief Parliamentary Counsel
Why drafting matters by Andy Beattie, Chief Parliamentary Counsel
Background
Parliamentary Counsel Office (PCO)
About this manual: status and use

Part 1: Drafting technique

Language
Plain language
Punctuation
Gender neutrality
Choice of language
Particular words and expressions
Style
Conjunctions
Paragraphing
Periods of time
Dates
Numbers and symbols
Letter labels (Tag letters ('A'))
Form and key components of Bills
Form and content of Scottish Parliament Bills
Presiding Officer's recommendations as to style and content
Order of final provisions
Long title
Short title
Commencement provisions
Powers to make subordinate legislation
Form of subordinate legislation
Ancillary provision
Technicalities
Citation of enactments
Cross-references
Definitions
Numbering
Schedules
Amendments and repeals
Textual amendments
Non-textual amendments
Formal headings and framework
Repeals
Specific legal expressions and terms
Referring to a Bill in another Bill
Referring to bodies corporate
Referring to the Scottish Ministers (individually and collectively)
Mode of trial
Referring to 'charge' and 'proceedings'
Types of court
Sheriffs and sheriff courts
Justice of the peace courts and relevant judicial officers

Part 2: Guidance on specific topics

I. Arbitration
Arbitration
II. Criminal law, justice and procedure
Creating offences and penalties
Structure of offence and penalty provisions
Formulations for creating offences
Giving offences names
Drafting penalty provisions
Guidance on other aspects of criminal law and procedure
Secondary offending
Inchoate offences
Conviction of alternative offences
III. Crown Application
What is Crown application?
Who is the Crown?

Background
Crown bodies
Servants and agents of the Crown
Crown contractors
What to do if an asp is to bind the Crown
What to do if an asp is not to bind the Crown
Subordinate legislation

Introduction
Effect of the default interpretative rule under section 20 of ILRA - regulations being made under an asp whose Bill received Royal Assent before 4 June 2010
Where regulations are to bind the Crown
Where regulations are not to bind the Crown
Where the regulations may bind the Crown
Textual amendment of an Act
General approach
Amendment of an Act of Parliament or pre-ILRA asp
Textual amendment of any Act
Examples where express provision is made regarding the Crown application of textual amendment of another Act
Providing that an Act applies to the Crown
Examples of special considerations regarding Crown application
Exempting the Sovereign in Her private capacity
Criminal liability of the Crown
The Sovereign
The Crown (apart from the Sovereign)
Criminal liability of Crown servants
Crown land
Background
Application of asp to Crown land
Permission required for powers of entry onto Crown land
Model provision
IV. Statutory bodies and legal persons
Common provisions
Establishment of public bodies

General considerations
Drafting considerations
Exclusion of Crown status
General considerations
Drafting considerations
Membership
General considerations
Drafting considerations
Chief executive and other staff
General considerations
Drafting considerations
Establishment of committees
General considerations
Drafting considerations
Authority to perform functions
General considerations
Drafting considerations
Regulation of procedure
General considerations
Drafting considerations
Validity of things done
General considerations
Drafting considerations
General powers
General considerations
Drafting considerations
Funding and use of resources
General considerations
Drafting considerations
Ministerial directions and guidance
General considerations
Drafting considerations
Annual reports
General considerations
Drafting considerations
Accounts and audit
General considerations
Drafting considerations
Public bodies legislation
General considerations
Drafting considerations
Model provisions
Notes on the model provisions
Compilation of all model provisions
V. Public offices
Overview
Establishment

General considerations
Drafting considerations
Exclusion of Crown status
General considerations
Drafting considerations
Appointment
General considerations
Drafting considerations
Temporary appointments
General considerations
Drafting considerations
Staff
General considerations
Drafting considerations
Authority to perform functions
General considerations
Drafting considerations
Validity of things done
General considerations
Drafting considerations
General powers
General considerations
Drafting considerations
Funding and use of resources
General considerations
Ministerial powers of direction and guidance
General considerations
Drafting considerations
Reports
General considerations
Drafting considerations
Accounts
General considerations
Drafting considerations
Public bodies legislation
General considerations
Drafting considerations
Model provisions
Notes on the model provisions

References and glossary

References
Glossary


Contact

Email: Jonathan Brown