![]() ![]() If it is necessary to make the latter meaning clear, it is better to say However, it would also be appropriate if section 5 establishes procedures to which the offence is subject. This example could be used if section 5 creates the offence. If a provision involves something that is established, issued or done, "under" can provide the link necessary to refer to the provision. The following examples and commentary explain how these alternatives may be used. Other alternatives are "in accordance with", "as required by", "described in", "authorized by", "on the basis of", "because of" and "as a result of". "Pursuant to" tends to denote things that are principally or specifically dependent on a related provision, while "under" also includes things that are merely related to it. This comment also suggests that "under" is a broader term. The word "under" has many meanings - in many instances, it denotes a lower or subservient state, but it also denotes a reference to or relationship with some other thing. It is a more common word and has a range of meanings that match the many meanings of "pursuant to". "Under" is perhaps the most generally applicable alternative. For these reasons, legislative counsel should use another word or expression that is more common and, if there is a risk of ambiguity, more precise. It is also sometimes ambiguous because it has a number of different meanings. Although it is used in legal writing and in the legal community, it is not used in ordinary speech or writing. ![]() The expression "pursuant to" is used in legal drafting to link a provision to another provision or to some factual matter. ![]()
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