Legislation Act 2001

The purpose of this section is to encourage the making of progressive improvements in the form of the statute book without inadvertently changing the substantive effect of the law.

This is to be achieved particularly by updating the language and structure of Acts and statutory instruments to replace older forms of legislative expression with forms reflecting current legislative drafting practice.

If an Act or statutory instrument is amended so that it contains an older form of legislative expression in a provision and a newer form in another, the ideas in the 2 provisions must not be regarded as different only because different words are used or the provisions are structured in different ways.

Subsection (3) also applies if the provisions are in different Acts or statutory instruments.

Also, if an Act or statutory instrument is amended so that a provision containing an older form of legislative expression is replaced (whether or not in the same position) by a provision in a newer form, the ideas in the 2 provisions must not be regarded as different only because different words are used or the provisions are structured in different ways.

In deciding whether the ideas are different, regard must be had to the context and history of the 2 provisions.

Subsection (6) does not limit the matters to which regard may be had.

This section is a determinative provision.