[blml] "not have the force of law" [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Jerry Fusselman:

>>Would someone please explain precisely what is meant by "not have
>>the force of law" in this context?
>>
>>Related to this, do code-of-practice pronounces have the force of
>>law?

Introduction (final paragraph):

>For the avoidance of doubt, this Introduction and the Definitions
>that follow form part of the Laws. Finally, unless the context
>clearly dictates otherwise, the singular includes the plural and
>the masculine includes the feminine, and vice versa.

Richard Hills:

So the Introduction and the Definitions have the force of Law,
which is why I have dubbed them collectively as "Law Number Zero".

But the Index and the Preface (since not mentioned in the above
paragraph) do not intrinsically have the force of Law.

Preface (fourth paragraph):

>Over the years there has been a marked increase in the expertise
>and experience of Directors, which has been recognized in the new
>Code by the increased responsibilities given to them. In addition,
>the Appeals process has been improved considerably by the
>introduction of the "Code of Practice for Appeals Committees", to
>which attention is drawn.

Richard Hills:

Since it is the non-force-of-Law Preface which recommends the WBF
Code of Practice, then the WBF CoP does not intrinsically have the
force of Law.

However, it is possible that a Regulating Authority may adopt part
or all of the WBF CoP as one of its regulations.  For example, the
English Bridge Union has adopted most of the WBF CoP, but the EBU
has specifically excluded some WBF CoP clauses from operating in
events held under EBU auspices.


Best wishes

Richard James Hills, amicus curiae
Level 6 Aqua Training Suite, DIAC
02 6225 6776

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