Structure of these notes
- The section-by-section commentary in these notes follows a set structure. The explanatory notes for each section are divided as follows:
Effect
- Details exactly what the section is going to do. It also explains whether the section needs to be considered in conjunction with other provisions of the Act.
Background
- Explains what the current legal position is. This might be the position under an existing piece of legislation which is being textually amended by the Act, or the position under common law. For example: "this section replaces X provision in the XX Act 2000" or "this is a new provision".
- It also provides some explanation as to why this change to the law is being made by the Act. For many of the sections in the Act this will relate to specific recommendations in the Independent Review.
Proposed use of power
- Where applicable, this section outlines how it is intended any powers to make regulations will be used.
Examples
- Where possible, examples are provided detailing how the provision will operate in practice. The descriptions provided are based on an assumption that the relevant provisions are enacted as proposed in the Act.
- A glossary of key terms is included in Annex B.
