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Section 2.3 How do we punctuate legislation?

PREVIEW

This Section deals with a minor. but important, feature of legislative syntax - punctuation of legislative sentences. We take punctuation very much for granted. It only becomes a matter of interest if it is poorly done; Although legislation does not have special punctuation, drafters are expected to follow conventions as to preferred usages for legislation, often dictated by the local house-style. The same is true for capital letters.

Section Objectives

By the end of this Section, you should be able, when drafting legislation:

-to comply with standard drafting conventions followed in your jurisdiction in relation to punctuating legislative sentences and the use of capital letters.

Essential Questions

In this Section we look at the subject, from the drafter’s standpoint, under the following questions:

1. PUNCTUATION

● What is the function of punctuation in legislation?

● Do drafters use punctuation differently from other writers?

● How should we approach the punctuation of legislation?

● How and when should we use punctuation marks?

● How and when should we use a full stop?

● How and when should we use a colon?

● How and when should we use a dash?

● How and when should we use a colon+dash?

● How and when should we use a semi-colon?

● How and when should we use brackets?

● How and when should we use commas?

● How and when should we use inverted commas?

● How and when should we use hyphens?

● How and when should we use apostrophes?

2. CAPITAL LETTERS

● When do we use capital letters?

● When should we not use capital letters?

Studying this Section 

This Section is written on the basis that you are familiar with the standard punctuation marks and when to use them for general purposes. But you may find it helpful to remind yourself of those matters by reading the appropriate section of a standard grammar manual.

This Section in part is designed to heighten your awareness of drafting practices in your jurisdiction with respect to punctuation and capital letters. For that reason, we have provided a considerable number of Activity Boxes to encourage you to look at your own legislation. It is easy to overlook this feature of drafting but you should work to make good practices part of your drafting routine. We have also provided many examples, and several Exercise Boxes, to bring these out.

Once you are familiar with what is standard practice, and why, you should readily recognise the places where punctuation is needed and the form it should take. Your aim is to make this second nature, so that you provide what is needed automatically without need for thought. But at this stage, and particularly in working this part of the Course, turn your attention deliberately to what is called for. Make it part of your mode of working to look at punctuation specifically. This Section is available for reference if you are unclear on any particular occasion.

1. Punctuation

What is the function of punctuation in legislation?

The role of punctuation in legislative instruments is the same as in any written document. It assists the reader to draw inferences about the intended meaning.

It has little importance in interpreting legislation. Judges have not always agreed about the extent to which they may take punctuation into account in interpreting legislation. However, in some jurisdictions, the Interpretation Act deals with the matter explicitly, usually by giving judges authority to take account of punctuation.

Example Box 1

The model Interpretation Act 1992 provides:

14. Punctuation forms part of a written law, and regard may be had to it in construing that law.

Activity Box 1

Confirm any provision of your Interpretation legislation on punctuation by copying it (with the reference) into your Blog.

Even without such authority, no judge completely ignores punctuation. Its presence inevit­ably influences our reading. The sense of the sentence and its meaning are easier to discover because of the guidance provided by punctuation marks.

Punctuation is part of syntax. Its functions in a sentence are:

-to reinforce the sentence structure;

-to make more apparent the way that the sentence components relate to each other.

However, we should not place too much reliance on punctuation for a number of reasons:

-the rules and practices relating to it use are based on somewhat arbitrary conventions that may vary from place to place;

-practices continue to change, not least because of technological developments (e.g. word processing has made a number of marks more accessible);

-mistakes occur rather more easily and tend to be overlooked more frequently than other features of syntax (e.g. typographical and printers’ errors and inadequate proof- reading).

Judges on occasion call punctuation in aid to support a particular construction indicated by the syntax and by the general purpose of the provision itself. Less commonly, they have disregarded punctuation, e.g. because:

-it has been used in an unconventional way; or

-other features of the sentence are stronger indicators of a meaning than can be derived from the sentence as punctuated.

Sound punctuation of a document facilitates reading it and, as a result, understanding its contents. Since legislative sentences may be complex in their content, any aid to accessing the structure and contents takes on particular importance. It is not surprising that good drafters take the task of punctuation seriously.

Activity Box 2

Read through the following two versions of the same sentence, one with, the other without, punctuation. Which is the easier to understand?

Where a court orders money to be paid by a convicted person as a fine or penalty or compensation costs or expenses or otherwise the money may be levied on his movable and immovable property as provided by this section but if that person shows sufficient movable property to satisfy the order his immovable property shall not be sold

Where a court orders money to be paid by a convicted person as a fine or penalty, or as compensation, costs or expenses, or otherwise, the money may be levied on his movable and immovable property, as provided by this section; but if that person shows sufficient movable property to satisfy the order, his immovable property shall not be sold.

The punctuation marks help us to see the individual components of the sentence and how they relate to each other and to the sentence as a whole.

Do drafters use punctuation differently from other writers?

As in the case of syntax generally, no rules for punctuation are exclusive to legislation. Good drafting calls for punctuation according to the same standard conventions that apply to all writing. At the same time, punctuation of legislation has a number of characteristic features. These are the reasons:

-legislation is formatted in a distinctive way (e.g. in the way it uses paragraphing); in response to this, drafters have adapted standard practices on punctuation to these formats;

-most jurisdictions develop house-styles concerning the places in which particular punctuation marks should be used, with a view to consistency, especially where alternative marks could properly be used for the same purpose;

-certain punctuation marks are almost never needed in legislation (e.g. exclamation marks(!), question marks(?) and slashes (/ or \)).

'''COMPLETE EXERCISE 2.3.1

Therefore:

-when punctuation is called for, practices in general usage are followed;

-which punctuation mark is the appropriate one is often settled by the local house-style, though in some countries the recommended mark may be rather unorthodox.

How should we approach the punctuation of legislation?

Try to include punctuation automatically as you write. Follow what you do when you are writing other formal text, drawing from your general experience of writing. At the same time, accommod­ate the distinctive requirements of legislative text. In consequence, make a practice of the following:

-punctuate your sentences as you compose them in accordance with the standard conventions applied to writing in English;

-use punctuation as a means to clarify the sentence structure and the relationship of the sentence components;

-only use punctuation when it serves an identifiable purpose; unnecessary and, in particular, excessive punctuation is an obstruction to communication;

-if you have an ambiguity in syntax, don't rely on punctuation to resolve it;

Example Box 2

The police officer shall request the driver within 24 hours to produce his identity card and driving licence.↑↑

The squinting modifier “within 24 hours” does not cease to squint because a pair of commas have been added in the places indicated.

-follow your local house-style as to when particular punctuation marks are to be favoured over others;

-scrutinise your sentences to check that the punctuation is complete and correct.

'''COMPLETE EXERCISE 2.3.2

How and when should we use punctuation marks?In this section we consider the punctuation marks that drafters put to specific use or that need special attention in legislation. These are:

- full stop or "period".

- colon :

- dash -

- colon+dash :-

- semi-colon ;

- brackets or "parenthesis" or [ ]

- comma ,

- inverted commas or "quotation marks" " " or ' '

- hyphen linking words -

- apostrophe with an "s" '.

Activity Box 3

In the following sections you will be asked to look at practice in your jurisdiction. For this you need access to copies of recent legislation.

How and when should we use a full stop?

Full stops are needed:


 * to indicate the end of a sentence

● in abbreviations (but not acronyms) 

Example Box 3

The following abbreviations are used in some jurisdictions, although the full stops may be omitted:

a.m. p.m. m. km.

U.N. (abbreviation for United Nations)

The following are examples of abbreviations used in footnotes and tables:

R.S.C. (for the Rules of the Supreme Court)

c. or Cap. (for a Chapter in the Revised Laws)

s. (in a section reference).

Where the abbreviation constitutes an acronym (i.e. initial letters pronounced as a word), full stops are typically omitted.

UNESCO (acronym for United Nations Educational, Scientific and Cultural Organisation)

● (in some jurisdictions) after the section number at the start of the section or at the end of a section note (or side/shoulder note) 

Activity Box 4

Check, and note down in your Blog, the practice in your jurisdiction with respect to full stops for:

1. section and subsection numbers

2. section/side notes and Arrangements of Sections (where section notes are tabulated)

How and when should we use a colon?

A colon may be added at the end of a phrase to introduce a series of propositions that follow on that one phrase. It is itself a visual form of introducer. So, the colon is typically used:

-to conclude the enacting formula in an Act

- to conclude a phrase that ends with, e.g. "the following" or "as follows"

- to introduce a series of paragraphs or a list of numbered items

Example Box 4

Enacted by the Parliament of Utopia:

↑↓

The Minister may make regulations for all or any of the following purposes:

(a)prescribing anything that is required to be or may be prescribed under this Act;

(b)the manner in which applications may be made under this Act;

(c)the fees to be paid in respect of any matter or thing done under this Act;

(d)the returns to be made in respect of fees collected under this Act;

(e)the proper administration of this Act.

How and when should we use a dash?

The dash is the preferred alternative to the colon in many jurisdictions. There it is used for precisely the same purposes, except that is rarely found by itself at the end of the enacting words. Like the colon, it is an introducer; it completes a line of text that would otherwise finish with white space. It has the merit of appearing to point forward, and is therefore a clearer introducer than the colon.

Unfortunately, in word-processing, whereas the colon attaches itself to the last word, a space is commonly inserted between the last word and the dash. As a result, when the text goes right to the end of the line, the dash is consigned, as an orphan, to the beginning of the next line. For that reason the colon is often preferred.

Example Box 5

The Minister may make regulations for all or any of the following purposes

-

(a)prescribing anything that is required to be or may be prescribed under

this Act;

(b)the manner in which applications may be made under this Act;

(c)the fees to be paid in respect of any matter or thing done under this

Act;

(d)the returns to be made in respect of fees collected under this Act;

(e)the proper administration of this Act.

The orphaned dash is illustrated.

How and when should we use a colon+dash?

Some drafters say "Never!". There are several reasons for this advice.

-such a punctuation mark is not used in other forms of writing;

-it combines two different marks, both performing precisely the same function. At the best, it can be seen as an emphasised form of introducer;

-there is no necessity for its use, as there are two well accepted alternatives.

Yet the colon+dash is still part of some house-styles. It may be unavoidable in enacting words, if the style including this punctuation has been enacted. But no strong case can be made for its use in other cases. It is unlikely that its disappearance would be noticed if one of the other forms is used instead.

Activity Box 5

Check, and note down in your Blog, whether, in your jurisdiction, the colon, the dash or the colon+dash is used for the following purposes:

1. at the end of the enacting formula

2. after e.g. "as follows"

3. to introduce a series of paragraphs or a tabulation

How and when should we use a semi-colon?

Semi-colons are used, within a sentence, to separate text that deals with distinct but closely linked matter. It performs a similar function to a conjunction such as "and". Typically in legislation, the semi-colon is used to mark off separate but linked clauses or paragraphs.

● linked clauses 

Two legal propositions, each with its own subject and predicate, may be placed in the same sentence because their contents are closely connected. The technique is usually when the second proposition follows immediately from the first. The semi-colon suggests the link between the two, and that equivalent weight should be given to both propositions.

Example Box 6

A person aggrieved by the refusal of a licence may appeal to the Minister ;  the Minister's decision is final.↑

This presentation is an exception to the typical practice by which distinct propositions are to be treated in separate sentences. But the semi-colon can be used in this way to join in a single sentence two propositions:

- that are interdependent; and

- that are of no great length; and

- the second of which is legally no more important than the first.

In practice, this device is not widely used. Drafters generally prefer to use a conjunction or paragraphing or separate subsections.

● linked paragraphs

Legislative sentences commonly use semi-colons at the end of paragraphs or subparagraphs that are listed in tabular form. It indicates the co-ordination between the items in the paragraphs.

Example Box 7

If a person arrested or detained under this section is not tried:(a)in the case of a person who is in custody or is not entitled to bail, within 2 months from the date of arrest or detention ; ← or


 * 1) in the case of a person released on bail, within 3 months from the date of arrest or detention ; 

he or she shall be released either unconditionally or upon such conditions as are reasonably necessary to ensure appearance for trial at a later date.

Here is how the sentence was printed originally, when the Printer combined the last paragraph with the words that followed.

If a person arrested or detained under this section is not tried:

(a)in the case of a person who is in custody or is not entitled to bail, within 2 months from the date of arrest or detention ;  or

(b)in the case of a person released on bail, within 3 months from the date of arrest or detention, he or she shall be released either unconditionally or upon such conditions as are reasonably necessary to ensure appearance for trial at a later date.

Arguably, a semi-colon at the end of the second paragraph could have prevented the Printer treating the sentence as if that paragraph included the words that follow it (when in fact it should be outside paragraphing).

In the first of the examples in Example Box 7 a semi-colon is used at the end of the last paragraph. However, in many jurisdictions, it is more common for a comma to be used there. This uses the mark as it is used in unparagraphed sentences, to indicate the end of the introductory subordinate clause. For that reason some drafters favour the semi-colon at that point.

Example Box 8

Here is another example where the comma caused the Printer serious uncertainty.

The Revised Laws shall be printed in the form of Booklets, a separate booklet being printed for:

(a) the Constitution and any subsidiary legislation made thereunder ; 

(b) each Act and the subsidiary legislation made thereunder ; 

(c) each piece of foreign legislation applied to [Utopia] , included in the Laws by virtue of section 4. ↑

The highlighted words should have been placed outside the paragraphing, so as to apply to each paragraph. The intention was for booklets to be used only for the listed legislation that was included in the Revised Laws. In fact, section 4 permitted the Attorney-General to authorise local Acts and subsidiary legislation that were spent to be omitted from the revision. But as this section is printed these laws must be published, since the modifier is restricted to foreign laws.

Paragraphs are used not just to list or tabulate a series of items or alternatives. They may also be used to present the internal components of the sentence in a more readable form. For example, a context clause that contains several elements can be structured in paragraphs. In that case, a comma, rather than a semi-colon, at the end of each paragraph is the appropriate mark. The punctuation then is the same as in the sentence if it were not paragraphed.

Example Box 9

A police officer who: ↓

(a)reasonably suspects a person of having committed a summary offence, and

(b)is unable to ascertain the name and address of that person, ←

may arrest that person and take him or her to the nearest police station.

This is the course is not universally followed. There is a case for treating all paragraphing as a form of listing, and for using semi-colons distinctively at the end of every paragraph. Follow your house-style.

Activity Box 6

In your Blog, note down whether in your jurisdiction a semi-colon or a comma is used:

1. at the end of the final paragraph of a series

2. at the end of paragraphs which have been introduced to make the sentence easier to read and understand

How and when should we use brackets?

Brackets (invariably in the form of rounded brackets when used in the text of the legislation) may be used to interpolate addit­ional words into the text of legislation:

-to add further information or an explanation; or

-to provide an incidental clarification; or

-to create a short definition.

Example Box 10

Further information:

Section 64 (which provides for appeals to the Minister) does not apply in respect of licences issued under this section.

Clarification:

A person commits an offence who, with intent to extort a valuable thing from another person, publishes or threatens to publish a libel upon any other person (living or dead).

Definition:

An application may be made to a court by or on behalf of a person for whose benefit a maintenance declaration has been made (in this section referred to as "the applicant") for an order under this Act against a person who is liable to maintain the applicant under that declaration (in this section referred to as "the defendant").

A parenthesis (bracketed words) adds secondary, or incidental, matter to a sentence that is already grammatically complete. In consequence:

-the sentence must make grammatical sense when it is read without the words in brackets.

-do not use brackets around material that is legally essential.

Interpolated matter that is essential to the legal proposition is best marked by a pair of commas (which are used as an alternative to all the uses just described).

Example Box 11

Brackets instead of the commas would be unsuited to the following sentence (taken from Example Box 10). The matter is essential to the rule.

↓↓

A person commits an offence who, with intent to extort a valuable thing from another person, publishes or threatens to publish a libel upon any other person (living or dead).

Brackets are also used for other purposes:

-around numbers and letters that are assigned to subsections, paragraphs and sub-paragraphs;

-around the commencement date below the long title (often in the form of square brackets);

-in short titles, mostly drafted in broad terms, to indicate specific coverage of the Act.

How and when should we use commas?

The comma is the most difficult and misused punctuation mark. Its effect is to cause the reader to pause. In consequence, it can be used to encourage the reader to take pauses in the reading when that contributes to an understanding of the sentence structure. However:

-don't use the comma to resolve uncertainties in syntax;

-don't use it excessively; it should always perform some worthwhile function in reinforcing the structure of the sentence.

Generally, a comma is used at the end of a complete clause or a self-contained phrase.

'''COMPLETE EXERCISE 2.3.3

You will find the comma to be useful in the following cases:

● after an introductory element

Sentences frequently begin with a proposition that stands apart from the provisions that follow. A comma points up where the proposition ends. Typical cases place a comma:

- at the end of a context clause

- at the end of a limiting phrase.

Example Box 12

When the High Court decides a case on appeal, it shall certify its judgment or order to the court which made the order appealed from. ↑

Except as provided in subsection (2), no prosecution is to be commenced without the written consent of the Attorney-General.↑

● to divide a compound sentence

A legislative sentence may be made up of two fully independent clauses joined by a conjunction (such as "and"). It is usual to put a comma at the end of the first clause, immediately before the conjunction.

Example Box 13

Where a surety to a recognisance dies before the recognisance is forfeited, the estate of the surety is discharged from all liability in that respect, but the party who gave the recognisance may be required to find a new surety.↑

A semi-colon can also be used, in place of the comma.

● to separate items in a series

A comma is used after each of the items in a series of three or more words, expressions or phrases. But if the last item is joined to the rest by a conjunction ("and" or "or"), the comma is typically omitted at that point.

Example Box 14 

↓↓↓

In this Act, "animal" means cow, goat, horse, pig or sheep.

↑

● to mark off interpolations

As with brackets, commas can be used to enclose material that adds to or clarifies or explains some aspect of the sentence. Use them, in the form of two matching commas, in preference to brackets where the interpolated information is legally important.

Example Box 15

The court or a police officer, as the case may be, shall take the recognisance of the person to be released on bail and of his sureties, where sureties are required, conditioned for the

appearance of that person at the time and place specified in the recognisance.

● to set off non-restrictive modifiers 

Clauses, phrases or words that limit the meaning of the words they modify ("restrictive" modifiers) are coupled to those words without a comma. But clauses, phrases or words that are not essential to the meaning of the words to which they are attached ("non-restrictive" modifiers) are set off from those words by a pair of enclosing commas.

Example Box 16

Where the seat of a person who is an elected member of the council becomes vacant, that person, if qualified under this Act, may again be elected as a member of the council.

↑↑

The first italicised clause is a restrictive modifier, since it limits the meaning of "person"; it is an essential part of the expression.

The second phrase, though an essential component of the rule as a whole, does not restrict the meaning of "person". It is a further element of the rule and has to be set off by a pair of enclosing commas.

● to facilitate understanding

Commas sometimes help the quick understanding of the rule, although they are not strictly needed for any of the purposes just set out. Two such cases are the following:

-in long sentences, a single comma can indicate the completion of an element of the sentence that might otherwise not be obvious;

-a pair of commas can make clear that two expressions are both linked to another expression.

Example Box 17 

↓↓↓

A person who, without lawful authority, exports from Utopia, or puts on board any ship for the purpose of being so exported, an aircraft or vehicle, commits an offence.

↑↑

The first pair of commas marks off an important interpolation.

The second pair of commas is used to enclose the second of two expressions so that both are seen to be linked to the same object ("an aircraft or vehicle").

The final comma, in strict grammar, is not essential. It comes at the end of a long clause that is a part of the sentence subject, since it modifies "person". So, the comma in fact divides the principal subject from the principal verb. But it does make the reading easier in this case. However, this might have been avoided by better sentence structure, in particular, by linking directly the main subject and the main predicate (“A person commit an offence....”).

When considering whether to use commas, bear two working practices in mind:

-keep commas to the minimum necessary. Too many can interfere with the easy reading of the sentence and a ready understanding, just as much as too few;

-when reading through your drafts, ask yourself whether the commas you have used in fact perform a useful function. You may find that you can manage with rather fewer than you had originally supplied.

'''COMPLETE EXERCISE 2.3.4

How and when should we use inverted commas?Inverted commas or "quotation marks" are used for precise purposes in legislation. In most jurisdictions, they take the form of two pairs of marks (opening and closing), rather than a pair of single marks.

Activity Box 7

Look at recent legislation in your jurisdiction that contains an interpretation section and also makes textual amendments. Note down, in your Blog, whether double or single quotation marks (or both) are used. If both, note down when.

Inverted commas are used to identify words or phrases that are to be subject to some legislative action. There are three main uses:

● around definition terms

In definition sections or other interpretation provisions, an expression that is to be given a particular meaning or construction is identified by quotation marks.

Example Box 18

In this Act, "complaint" means a complaint made under section 25.

In this section, "sentence" includes an order or decision of a court consequent on a conviction for an offence or a finding of guilt in respect of an offence.

● around names assigned to offices

Sentences that create an office or institution commonly designate the official name which it is to bear. The sentence assigning that name can state the name within a pair of inverted commas.

Example Box 19

A commission is constituted by this Act to be called the "Judicial and Legal Service Commission of Utopia".

● around expressions that are the subject of textual amendment

Expressions that are to be repealed or amended or added are identified by inverted commas in the sentences that direct their repeal, amendment or addition.

Example Box 20

In section 12 of the Animals Act 1979, the words "Supreme Court or" are repealed.

In section 13 of the Animals Act 1979, the following new subsection is added:

"(3A) A person who interferes with a captive animal, or the enclosure in which a captive animal is held captive, commits an offence.".

How and when should we use hyphens?

Hyphens are used for two main purposes:

-to divide words, at the end of a line, that are too long to be completed on that line, and so must run on to the next;

-to join two words together.

● at the end of line

Hyphens splitting a word typically are inserted by printers when setting up the text or automatically by word-processing software. Legislative Counsel's responsibilities are to check the printed text to ensure that:

-the hyphen is not used for one-syllable words;

-the break in the word made by the hyphen does not make the word awkward to read;

-the intended word is complete when the two parts are joined.

● to join words

In most instances, a dictionary will determine whether to use a hyphen or not for this purpose. A small number of cases have particular legislative relevance, when the usage may be dictated by the local house-style. These relate to:

-fractions when stated as words (e.g. "two-fifths");

-specific official titles (e.g. "Governor-General"; "Attorney-General"; "Vice-President");

-specific legal words (e.g. "bye-law"; "court-"martial"; cross-examine"; "sub-lease").

Activity Box 8

To check on practice in your jurisdiction, indicate in your Blog whether hyphens are used in the following expressions (or, if the terms are not found in your jurisdiction, in equivalent cases).

Auditor-General

court-martial

sub-paragraph

How and when should we use apostrophes?

Apostrophes are not much needed in legislation. They are used widely in other docum­ents to indicate contracted words and possessives, which are uncommon in legislation.

● contracted words

The apostrophe indicates a missing letter (e.g. "doesn't" for "does not"). But as these colloquial forms are not appropriate for legislation, this is rarely needed. One such case where it is found is in "o'clock" (although this term has largely been replaced by "a.m." and "p.m.").

● possessives

The apostrophe is added with the letter "s" at the end of a word to indicate possession. In most legislation, possessives are typically shown by the words "of the". So, this mark is not much used. Two cases where you will need it are:

-in descriptive phrases, such as "a dealer's licence", where no particular person is referred to;

-where the expression refers to some item or matter belonging to a person already referred to in the same sentence.

Example Box 21

Illustrations of the two cases are:

A person aggrieved by an order under this section may appeal to the magistrate's court of the area in which the person resides. ↑

A person aggrieved by an order under this section may appeal to a Judge in chambers; the Judge's decision is final.

↑

Note that “it's” is a contraction of “it is”, and is unsuitable for legislative drafting. That form is not the possessive form of “it”; the correct possessive form of “it” is “its” (i.e. without an apostrophe).

2. Capital letters

When do we use capital letters?

Drafters use capital letters(“upper case”) largely in the same way as they are used in other types of documents. Again your house-style may indicate specific cases when capital cases should be used, typically as the initial letter of certain kinds of terms. Upper case is only rarely used for all the letters in words in legislative text.

● as in standard usage

Use capital letters:

-for the initial letter of the first word of every new sentence;

-for the initial letters of a proper name, such as that of a person, place or country or a specific geographical area;

-for the initial letters of the title of a specific institution, company or society, or of a particular constitutional office;

-for initial letter of days of the week and months of the year and of the words naming holidays;

-for abbreviations of the names of formal bodies and for acronyms made out of initial letters (e.g. "UNICEF").

In these cases, follow the same practice as you would for other documents.

● typical legislative uses

In most jurisdictions specific words, when used to refer to primary legislative instruments or their main divisions, consistently begin with a capital letter. Individual components of legislation typically have their initial letter in lower case.

Activity Box 9

In your Blog, indicate whether or not an initial capital letter is used for the following cases in your jurisdiction.

1. To begin the following words used to refer to legislation:

Act Bill PartSchedule Annex Rules of the Supreme Court

2. To begin each of the words of the short title

3. As the initial letter of the first word only of a section note (side-note/shoulder note)

Your house-style may require capital letters to be used in other circumstances in legal instruments, including for complete words, e.g. in headings. Check local practice.

Activity Box 10

In your Blog, indicate whether or not capital letters are used for the following purposes in your jurisdiction.

1.for all the letters of the words in the long title of an Act, or just to begin the principal words in the title, or in the same way as in the rest of the instrument

2.for every letter in the words used in headings in an Act, or only for the initial letter of the principal words of headings, or in the same way as in the rest of the instrument

3.for the first letter of the first word of a paragraph

4.for the first letter of all terms for which definitions are provided in interpretation clauses

 ● for the name of an entity 

From time to time, you will need to establish or refer to an entity with or by its designated name. It is usual to begin both the words of the name and any shortened version of it with capital letters.

Example Box 22

In this Act:

"Authority" means the Motor Accidents Authority of Utopia established under Part 7:

"Motor Accidents Fund" means the fund by that name established under Part 8.

Note the lower case for "fund", which is used as a general class term.

However, many other words can begin with either an upper case letter or one in lower case. Which to use may be a matter of local practice. If you are uncertain, check the local house-style and follow that consistently, even where the practice appears to be unnecessary.

When should we not use capital letters?

Generally, don't use capital letters unless there is a positive reason or benefit from doing so. The lower case is the standard font for legislation as for other documents. In particular, it is used in legislative instruments for the following.

● typical legislative terms

In most jurisdictions, words used to refer to provisions in legislative instruments and to types of secondary legislation consistently begin with lower case letters.

Activity Box 11

In your Blog, indicate whether or not in your jurisdiction lower case letters are used to begin the following words (disregard their use as part of a title).

clauseorderparagraphregulationsrulesrules of court

sectionsubsectionsubsidiary legislation

● words describing general classes 

In legislation, as elsewhere, many words used to refer to a general class begin with a lower case letter, even though the same words carry capital letters when used as part of a name.

Example Box 23

No court, other than the High Court, may hear an application under this section.

The Board is to consist of the Director-General and 5 other directors.

However, some terms are treated as having such official standing that they always carry an initial capital letter. You can obtain guidance on most of these from the way the terms are presented in definitions in the Constitution and the Interpretation Act.

Example Box 24

No person shall be appointed a Minister of the Government unless qualified for election as a member of the Parliament.

Activity Box 12

In your Blog, indicate whether or not, in your jurisdiction, a lower case letter begins the following words when used to describe one of a general class.

board of directorschairmancourtdirectorjudgemagistrate

member [of Parliament] ministerminister of religionpolice officerregistrar

How do we punctuate legislation?

REVIEW

In this Section, you have worked out the principal ways in which punctuation marks and capital letters are used in legislation in your jurisdiction, and the purposes they serve. You should now be more aware of this feature of legislative syntax and of the need to give it specific attention.

At the end of the Section, you should be able, when drafting legislation:

-to comply with standard drafting conventions followed in your jurisdiction in relation to punctuating legislative sentences and the use of capital letters.

Ask yourself if you are sufficiently clear as to those practices to meet this objective, by considering what you have discovered under each of the following questions:

Topics Covered 

1. PUNCTUATION

● What is the function of punctuation in legislation?

● Do drafters use punctuation differently from other writers?

● How should we approach the punctuation of legislation?

● How and when should we use punctuation marks?

● How and when should we use a full stop?

● How and when should we use a colon?

● How and when should we use a dash?

● How and when should we use a colon+dash?

● How and when should we use a semi-colon?

● How and when should we use brackets?

● How and when should we use commas?

● How and when should we use inverted commas?

● How and when should we use hyphens?

● How and when should we use apostrophes?

2. CAPITAL LETTERS

● When do we use capital letters?

● When should we not use capital letters?

If any matter remains unclear (e.g. on the use of commas, which is perhaps the most tricky), rework the topic and look at how the matter is dealt with in the examples and in your legislation.

In your future work on this Course, take time to check your use of punctuation and capital letters. If, for example, you find differences between your answers and those suggested, try to establish why, referring if necessary to this Section. However confident you feel you have become in this matter, always scrutinise your drafts to check whether you have followed best practice at every point. This routine has the benefit of drawing attention to weaknesses in other features of the syntax.