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vi.
Repealing provision should not be stated to be subject to any Transitional
provisions provided in the repealing law since
Transitional provisions
constitute an exception from the final repeal of the repealed law.
vii.
Arrangement wise, repealing provisions should be placed among the final
provisions before Transitional provisions and Effective Date provisions.
viii.
When drafting a repealing provision or a repealing law, a drafter shall take
all the necessary precautions to check
whether there are other laws,
wherein this repealed law was referred, and if there are so to clearly
provide for the effect of this repeal regarding these laws.
h.
Transitional Provisions (Saving Clause)
i.
Transitional provisions (Saving Clause) regulate
the change over from an
existing set of rules to a new one so as to preserve certain rights, duties, or
privileges that might otherwise be destroyed by the draft law containing an
amendment or repeal of existing provisions of a law. These provisions
make it possible for the law to take effect
with minimum disruption of
existing expectations and liabilities.
ii.
Since formulating this clause is an essential step in drafting process, the
drafter shall determine the effect of the new law on existing rights, liabilities,
and proceedings, or should obtain formal policy decision from the requester
if the matter needs so.
iii.
So, a drafter should draft saving clauses or transitional provisions that are
necessary to provide appropriate
rules governing such matters, and to
achieve this goal.
EXAMPLES: (1)
“This Proclamation does not apply to Litigations already
pending.”
(2) Example from Labor Proclamation No. 377/03 (Art. 188(4))
“Labor Disputes pending before any authority
competent to settle labor
dispute prior to the coming in to force of this Proclamation shall be settled
in accordance with the law and procedure which were in force before this
Proclamation came in to force.”
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