LED704

Substantive Provisions

Law
700 level
3 credit units
224 pages
15 units

This course delves into the substantive provisions typically found towards the end of statutes, contrasting them with preliminary provisions. It focuses on drafting delegated powers, amending, repeal, saving, and transitional provisions, including schedules. Students will learn to account for implied repeal laws and the legal effects of repeals. The course aims to equip students with the skills to draft suitable final provisions for Bills, considering retrospective effects and integrating new legislation with existing laws.

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About this course

Difficulty: Intermediate
Study hours: 208 hours
Maths: None
Content: Theoretical, practical, case study
Practical work: Yes

How it is assessed

Assignments
Tutor marked assessments
Final examination

What you'll read

The real module and unit structure of LED704, taken from the course material NOUN publishes.

Module 1

Module 2

Module 3

One paragraph, so you can see how it reads

LED704 · UNIT 1 FINAL PROVISIONS

1.1 INTRODUCTION In this unit, we have an overview of provisions that are commonly placed towards the end of Bills. We encourage you to identify the provisions that are positioned there in Nigeria and to establish the typical order in which they appear.

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What you should be able to do

Draft suitable final provisions for Bills.
Draft delegated powers to legislate.
Draft amending, repeal, saving, and transitional provisions.
Account for the law on implied repeal.
Account for the legal effects of repeals.
Draft saving and transitional provisions that have retrospective effect.

What it prepares you for

Careers

Legislative Drafter
Legal Counsel
Policy Analyst
Parliamentary Counsel
Legal Advisor

Where it is applied

Government
Law Firms
Legislative Bodies
Regulatory Agencies
Public Sector

Where it gets hard

The units students slow down on, and what makes each one heavy.

Module 2:
Unit 1 Repealing and Amendment of Legislation
This unit requires a deep understanding of existing legislation and the ability to anticipate unintended consequences of amendments, demanding strong analytical skills.
Module 3:
Unit 3 Legal Effects of Repeals
This unit involves complex legal reasoning to determine the appropriate transitional arrangements, requiring careful consideration of various scenarios and potential impacts.

A suggested way through it

Suggested

13 weeks, about 42 hours in total. Yours will differ.

Week 1Module 1:
- Unit 1: Final Provisions · 2 hours
  Read Unit 1: Final Provisions, focusing on the matters that may be contained in final provisions.. Identify final provisions in Nigerian legislation and their typical order.. Complete Self-Assessment Exercises to familiarize yourself with necessary final provisions..
- Unit 2: How to Delegate Powers to Legislate · 2 hours
  Read Unit 2: How to Delegate Powers to Legislate, focusing on general considerations and when delegated powers should be conferred.. Discuss how matters should be divided between Bills and subsidiary legislation.. Complete Self-Assessment Exercises to analyze objectives when drafting delegated powers..
- Unit 3: General Approach to Drafting Delegated Powers to Legislate · 2 hours
  Read Unit 3: General Approach to Drafting Delegated Powers to Legislate, focusing on matters that should be expressly authorized.. Draft delegated powers with the right approach.. Complete Self-Assessment Exercises to explain factors that influence drafting delegated powers..
Week 2Module 1:
- Unit 4: Drafting Delegated Powers to Legislate I · 2 hours
  Read Unit 4: Drafting Delegated Powers to Legislate - Part I, focusing on the type of instrument and who is to be the delegate.. Draft provisions that delegate legislative powers to make subsidiary legislation.. Complete Self-Assessment Exercises to determine on whom the power to make subsidiary legislation is conferred..
- Unit 5: Drafting Delegated Powers to Legislate II · 2 hours
  Read Unit 5: Drafting Delegated Powers to Legislate - Part II, focusing on procedures required for making the instrument.. Enable instruments to be subjected to legislative scrutiny.. Complete Self-Assessment Exercises to require external consultation about proposed subsidiary legislation..
Week 3Module 2:
- Unit 1 Repealing and Amendment of Legislation · 2 hours
  Read Unit 1: Repealing and Amendment of Legislation, focusing on how repeals and amendments differ.. Explain when legislation is impliedly repealed.. Complete Self-Assessment Exercises to work out systematically what repeals and amendments to existing legislation are needed..
- Unit 2 Deciding the Contents of Repeals and Amendments · 2 hours
  Read Unit 2: Deciding the Content of Repeals and Amendments, focusing on preparing for repeals and amendments.. Decide what provisions need to be repealed or amended.. Complete Self-Assessment Exercises to decide what provisions need to be repealed or amended..
Week 4Module 2:
- Unit 3 Drafting Repeal Provisions · 2 hours
  Read Unit 3: Drafting Repeal Provisions, focusing on the objectives in drafting repeal provisions.. Draft provisions for repealing complete instruments and enactments.. Complete Self-Assessment Exercises to draft provisions for repealing complete instruments and enactments..
- Unit 4 Drafting Amendments I · 2 hours
  Read Unit 4: Drafting Amendments Part I, focusing on methods of amendment and the objectives when drafting amendments.. Draft substantive or consequential amendments to earlier legislation.. Complete Self-Assessment Exercises to draft substantive or consequential amendments to earlier legislation..
Week 5Module 2:
- Unit 5 Drafting Amendments II · 2 hours
  Read Unit 5: Drafting Amendments Part II, focusing on points to note when drafting amendments and being consistent.. Draft amendments consistently with the Act they amend.. Complete Self-Assessment Exercises to draft amendments consistently with the Act they amend..
Week 6Module 3:
- Unit 1 What can go wrong when drafting Amendments? · 2 hours
  Read Unit 1: What can go wrong when drafting Amendments?, focusing on common mistakes and explaining the effects of amendments.. Describe the principal techniques for adding formal information to a Bill explaining the effects of the amendments made by the Bill.. Complete Self-Assessment Exercises to avoid common errors when drafting repeal and amendment provisions..
Week 7Module 3:
- Unit 2 When do we need Transitional and Savings Provisions? · 2 hours
  Read Unit 2: When do we need Transitional and Savings Provisions?, focusing on the function of transitional and saving provisions.. Decide when to provide necessary saving and transitional provisions.. Complete Self-Assessment Exercises to decide when to provide necessary saving and transitional provisions..
Week 8Module 3:
- Unit 3 Legal Effects of Repeals · 2 hours
  Read Unit 3: Legal Effects of Repeals, focusing on the common law rules on the effects of repeals.. Explain the legal consequences of a repeal.. Complete Self-Assessment Exercises to explain the legal consequences of a repeal..
Week 9Module 3:
- Unit 4 Drafting Saving and Transitional Provisions · 2 hours
  Read Unit 4: Drafting Saving and Transitional Provisions, focusing on how the presumption against retrospective legislation relate to these provisions.. Draft saving and transitional provisions.. Complete Self-Assessment Exercises to draft saving and transitional provisions..
Week 10Module 3:
- Unit 5 Drafting Schedules · 2 hours
  Read Unit 5: Drafting Schedules, focusing on when a Schedule might be used.. Decide when to use Schedules and how to write and format them.. Complete Self-Assessment Exercises to decide when to use Schedules and how to write and format them..
Week 11Final Revision
- Review of Modules 1-3 · 4 hours
  Review all modules and units.. Focus on key concepts and principles of legislative drafting.. Practice drafting exercises for different types of provisions..
Week 12Assignments
- TMA Assignments · 4 hours
  Work on Tutor Marked Assignments (TMAs).. Apply knowledge acquired during the course to solve practical drafting problems.. Submit assignments for assessment..
Week 13Final Revision
- Exam Preparation · 4 hours
  Prepare for the final examination.. Review Self-Assessment Exercises and Tutor Marked Assignments.. Focus on areas of weakness and seek clarification from the tutor..

Preparing for the exam

What to do

Create detailed outlines for each unit, focusing on key definitions and principles.
Practice drafting different types of provisions (repeal, amendment, transitional) based on hypothetical scenarios.
Review and analyze examples of well-drafted and poorly-drafted legislative clauses to identify best practices and common pitfalls.
Focus on understanding the legal effects of repeals and amendments, particularly in relation to the Interpretation Act.
Develop a systematic approach to identifying the need for saving and transitional provisions in different legislative contexts.
Create flowcharts or decision trees to guide the process of drafting saving and transitional provisions.
Practice applying the presumption against retrospective legislation and drafting provisions to rebut it when necessary.
Review all Tutor Marked Assignments (TMAs) and Self-Assessment Exercises (SAEs) to identify areas of weakness and reinforce understanding.

Questions students ask about this course

What is LED704 about?

How many units does LED704 have?

LED704, Substantive Provisions, has 15 units across 3 modules, over 224 pages of course material. You can read it one unit at a time.

How many credit units is LED704?

LED704 carries 3 credit units, at 700 level in Law.

Is LED704 hard?

LED704 is rated intermediate level, with no mathematical content. It is mostly theoretical, practical and case study work, and it has a practical component.

How long does LED704 take to study?

About 208 hours of study, spread across its 15 units.

How is LED704 assessed?

LED704 is assessed by assignments, tutor marked assessments and final examination.

What can I do with LED704?

Legislative Drafter, Legal Counsel, Policy Analyst, Parliamentary Counsel and Legal Advisor.