Guidance for Making Regulations More Readable

One of the issues that is discussed in regulatory drafting is how to make regulations more “readable,” meaning how to make the text of regulations easier to understand by those who are subject to the regulation as well as those who need to administer or apply it. As part of Athabasca University’s Graduate Diploma in Legislative Drafting, students are provided some suggestions to make “secondary legislation” (such as regulations) more readable, including the following:

• Providing overviews,
• Following standard writing practices,
• Using standard language,
• Using formulas, diagrams and similar modes of communicating information. 

In terms of providing overviews, some drafters argue that it is easier for readers to understand the relationship between regulatory provisions and the detailed requirements of a series of rules if the readers have a mental framework for what they are about to read. How can this be achieved? A regulatory scheme can contain headings, or section notes, any of which could act as providing an overview to the reader.

Headings and section notes are sometimes used by regulatory drafters to provide a one-word or short title to a forthcoming section of law. These headings can also assist the reader in finding relevant provisions, instead of having to review the entire text of a regulation, especially if it is a lengthy one.

Regulatory drafters also use several standard writing guidelines to present the text of regulations, such as using the present tense of verbs and the active voice. These contribute to better understanding of the regulatory text. Drafters should also avoid the use of provisos that create too many exceptions or qualifications to a general legal rule.

The other important guidelines for making regulations more readable is to use standard language that are known to the regulated community. In addition, regulatory drafters should generally avoid old words, Latin terms, and other forms of legalese. All of the modern drafting standards are intended to assist readers of regulations, but first they must be implemented by the drafters of these measures.