42
they became unreadable and the task of the legislator impossible. A proliferation of
different legislative instruments below the level of the statute can sometimes be
avoided even though that means a large set of regulations to enhance accessibility.
81
Where a number of separate statutes deal with different aspects of a particular topic,
such as securities law, an obvious question is whether a single consolidating statute
would be preferable. Consolidating statutes have the advantage of accessibility and
coherence. On the other hand, their size can make it difficult for users. There is a
tendency to want to incorporate everything into one big Act rather than several Acts
each dealing with discrete matters. A judgment has to be made in each case. An
argument can be made for combining the 3 securities related statutes into a single
Act, but taking it a further step and amalgamating them with the Companies Act
would result in a mismatch of concepts and an unwieldy statute.
82
These are not just issues about packaging. They are difficult but important
considerations that affect the design of legislative regimes and require careful
analysis to ensure the best outcome for users.
Continual amendment
83
Continual amendment can also affect the accessibility of legislation. A statute may
begin life with a sensible and coherent structure, but after frequent amendments end
up, to use the description of a senior Queens Counsel in describing a large and
important piece of legislation, looking like the back of the family station wagon
setting off on the summer holiday. The Judicature Act 1908, enacted as part of the
1908 consolidation, has been amended 36 times by way of direct amendment and
times too numerous to count by way of consequential amendment. The principal
amendments relate to
jurisdiction in relation to the liquidation of bodies other than companies