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Legislative Drafting: A Fictional Example

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Summary

The Office of the Parliamentary Counsel published a fictional example illustrating its legislative drafting practice. The document shows how drafters translate government policy into legal language and subject policy to rigorous analysis to ensure provisions achieve their aims coherently. The example includes drafting instructions, an initial clause attempt, and a covering note demonstrating the iterative process between drafter and department.

What changed

The Office of the Parliamentary Counsel published new guidance providing a fictional example of the legislative drafting process. The document aims to illustrate that drafting involves more than converting policy to legal text—it requires rigorous policy analysis and iterative collaboration with departments to ensure provisions are coherent and effective. The example contains drafting instructions, an initial clause, and a covering note with commentary and questions for the department.

This guidance has no compliance implications for external parties. It serves as an educational resource for those interested in understanding how UK legislative drafting works internally. Government bodies and legal professionals reviewing legislative processes may find it informative, but no regulatory obligations or deadlines arise from this publication.

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Archived snapshot

Apr 16, 2026

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Guidance

Legislative drafting: a fictional example

This fictional example is designed to give an insight into what the job of a legislative drafter looks like in practice.

From: Office of the Parliamentary Counsel Published 29 January 2026 Get emails about this page

Documents

Legislative drafting: a fictional example (PDF)

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Details

People sometimes assume that a legislative drafter’s job is simply to turn government policy into legal language.  Finding the right words is important, but a bigger part of the job is subjecting the policy as communicated to us to a rigorous analysis, and working with departments to ensure that the provisions we develop achieve their policy aims in a coherent and effective way.  The drafting process often throws up problems or policy questions that might not have been thought about before, and part of our job is to spot these and work through them with departments.

This fictional example shows how the start of the drafting process might work in practice.  It contains a short set of instructions and the drafter’s first attempt at producing a clause.  Also shown is the drafter’s covering note to the department, which includes a number of questions as well as commentary on why the drafter has made the choices they have.  Drafting is an iterative process, so in practice there would be one or two further exchanges (at least) before the clause is settled.

Updates to this page

Published 29 January 2026

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Last updated

Classification

Agency
OPC
Published
January 29th, 2026
Instrument
Guidance
Legal weight
Non-binding
Stage
Final
Change scope
Minor

Who this affects

Applies to
Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
Legislative drafting Policy analysis Government process
Geographic scope
United Kingdom GB

Taxonomy

Primary area
Government Contracting
Operational domain
Legal
Topics
Judicial Administration Public Health

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