§ 23.26. Internal divisions of sections.
Whenever internal divisions are necessary, subsections shall be identified by lower case letters, paragraphs by Arabic numerals, subparagraphs by lower case Roman numerals, clauses by capital letters and subclauses by capital Roman numerals, all contained within parentheses, as follows:
Terminology Illustrative
SymbolSubsection (a) Paragraph (1) Subparagraph (i) Clause (A) Subclause (I)
Notes of Decisions Construction of Acts
This regulation aids in the interpretation of section 5704 of the Wiretap Act, 18 Pa.C.S. § 5703 et seq. By construing section 5704 with this regulation’s guidance it becomes clear that the approval and supervisory requirements contained in paragraph (2)(ii) apply to all of paragraph (2), including paragraph (2)(i). Commonwealth v. McIvor, 670 A.2d 697 (Pa. Super. 1996); appeal denied 692 A.2d 564 (Pa. 1997).
Illustrative Cases
Based on this regulation, it is clear that provision (1) of § 1705(d), 75 Pa.C.S. § 1705, is a paragraph since it is illustrated by an Arabic numeral and (iv) is a subparagraph because it is illustrated by a lower case Roman numeral. Since the exception in subparagraph (iv) expressly states that ‘‘nothing in this paragraph shall affect the limitations of section 1731(d)(2)’’ it necessarily applies to all of paragraph (1). Therefore, a limited tort designee may not collect uninsured or underinsured motorist benefits for noneconomic harm under any subparagraph of paragraph (1). It is for the Legislature, not the courts, to alter this construction. Rump v. The Aetna Casualty & Surety Co., 678 A.2d 1197 (Pa. Super. 1996); affirmed 710 A.2d 1093 (Pa. 1998).
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