Legislative Drafting

What we do

The Legislation team drafts and publishes legislation.

We work with others in the Falkland Islands Government to produce draft legislation.  Draft laws are considered by Executive Council and the Legisltive Assembly.  Once approved, legislation is published in the Falkland Islands Gazette and on the Statute Law Database.

We also produce draft legislation for the Government of South Georgia and the South Sandwich Islands, and publish legislation in the South Georgia and South Sandwich Islands Gazette.

Drafting instructions - policy to legislation

Legislative drafters work with those instructing them to translate Government policy into clear and effective legislation.

When a policy which requires a change to the law has been approved, the Government Directorate which administers the law must provide the drafting team with instructions.  This will enable us to draft a new or amending law.  Instructions tell the drafter what the Government's policy objectives are, and how the law needs to be changed to achieve them.

To help with the production of drafting instructions, we have produced 'Guidance for Preparing Drafting Instructions' which can be downloaded here:-

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Guidance for Preparing Legislative Drafting Instructions
Created: Monday, 24 June 2019 12:40 | Size: 287.63 KB

We encourage Directorates to get in touch with us at an early stage when developing a policy which may need new legislation.

Together with the wider Government Legal Services team, we can help clarify legal issues around a new policy.  This may include identifying parts of the policy which may not need to be reflected in legislation.  We can also help you estimate the size, complexity and timescales involved in making the law, and can make initial suggestions for a legislative framework (Ordinance or amending Ordinance? Regulations, Orders, guidance etc).

The Legislative process

Following production of a Bill or secondary legislation, the Legislation team continue to be involved in:-

  • obtaining Executive Council approval of the draft law (by collaborating on the Directorate's Executive Council paper about it);
  • arranging publication of a Bill or secondary legislation in the Gazette;
  • progressing a Bill through Legislative Assembly (including drafting any amendments required);
  • obtaining assent to a Bill or arranging making of secondary legislation (by the Governor); and
  • arranging publication of an Ordinance or secondary legislation in the Gazette.

Click on image below to view a flowchart showing the progress of a Government Bill through the Legislative Assembly:

 Government Bill flowchart

More information about the legislative process and about the details of drafting practices is available in the team's Legislative Drafting Manual which can be downloaded here:-

pdf     
Drafting Manual and Guidance 2017
Created: Tuesday, 11 June 2019 14:36 | Size: 976.97 KB

Who we are

Ros Cheek (This email address is being protected from spambots. You need JavaScript enabled to view it.), Head of Legislation, who is also the Statute Law Commissioner, manages the government legislative drafting programme. 

Tsitsi Chitsiku (This email address is being protected from spambots. You need JavaScript enabled to view it.) and Helen Jeffrey (This email address is being protected from spambots. You need JavaScript enabled to view it.) are our full time Legislative Drafters.

Barbara Steen (This email address is being protected from spambots. You need JavaScript enabled to view it.) is the Legislation and Gazette Manager, her role includes editing and publishing the Gazettes for the Falkland Islands and for South Georgia and the South Sandwich Islands.