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Simple English definitions for legal terms
saving clause
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A quick definition of saving clause:
A saving clause is a part of a law that says something is exempt from the law's coverage. It is often used in a law that repeals another law to protect rights and claims that would otherwise be lost. Another name for a saving clause is a "severability clause" or a "saving-to-suitors clause."
A more thorough explanation:
A saving clause is a provision in a law that exempts something from being included in the law's coverage. It is often used in a repealing act to preserve rights and claims that would otherwise be lost.
1. A state passes a law that bans the use of certain pesticides. However, the law includes a saving clause that exempts farmers who have already purchased and used the pesticides before the law was passed. This means that those farmers will not be punished for using the pesticides, even though they are now banned.
2. A city passes a law that requires all new buildings to be a certain height. However, the law includes a saving clause that exempts buildings that have already been approved for construction before the law was passed. This means that those buildings can still be built, even though they do not meet the new height requirement.
These examples illustrate how a saving clause can be used to exempt something from a law's coverage. In both cases, the saving clause preserves the rights of those who have already taken certain actions before the law was passed.