Subchapter A. FORMAL REQUIREMENTS
STRUCTURE Sec.
23.1. Titles.
23.2. Parts.
23.3. Subparts.
23.4. Articles, divisions and subdivisions.
23.5. Chapters.
23.6. Subchapters.
23.7. Sections.
23.8. Subdivisions of sections.
NORMAL NUMBERING
23.21. Titles.
23.22. Parts.
23.23. Chapters.
23.24. Other major subdivisions.
23.25. Sections.
23.26. Internal divisions of sections.
23.27. Reservation of numbers.
SPECIAL NUMBERING PROBLEMS
23.31. Addition of new units between existing units.
23.32. Re-use of section numbers.
HEADINGS AND TABLES OF CONTENTS
23.41. Section headings.
23.42. Subsection headings.
23.43. Summary analyses.
23.44. Short titles.
23.45. Tables of contents.
REFERENCES
23.51. General requirements.
23.52. Cross reference descriptions.
23.53. Cross reference within same title.
23.54. Cross reference between titles.
23.55. Cross reference to units within sections.
23.56. References to other statutes.
23.57. Citation of Pennsylvania Code.
23.58. Citation of Pennsylvania Bulletin.
23.59. Citation of Federal statutes.
STRUCTURE
§ 23.1. Titles.
The major divisions of the Statutes are titles, which bring together broadly related areas of statutory law. The various title headings are set forth in § 21.13(b) (relating to Pa.C.S. classification).
§ 23.2. Parts.
Titles may be divided into parts when it is necessary or desirable to group related chapters within a title. The use of parts is not mandatory but is desirable.
§ 23.3. Subparts.
Parts may be subdivided into subparts when it is necessary or desirable to group related chapters within a part.
§ 23.4. Articles, divisions and subdivisions.
In unusual cases, when further subdivision of a title is unavoidable, subparts may be subdivided into articles, articles may be subdivided into divisions and divisions may be subdivided into subdivisions.
§ 23.5. Chapters.
The normal subdivision of titles are chapters. The chapter is the basic major subdivision of the Statutes. It comprises the sections embraced in the heading of the chapter and should consist of a unified body of statutory material on a specific subject. The use of chapters is mandatory.
§ 23.6. Subchapters.
Subchapters may be used to group related sections within a chapter.
§ 23.7. Sections.
The normal divisions of chapters are sections. The section is the basic unit of the Statutes. It should consist of a short, simple presentation of one principal proposition.
§ 23.8. Subdivisions of sections.
The normal subdivisions of sections are subsections, paragraphs and subparagraphs. In unusual cases, where further subdivision of a section is unavoidable, subparagraphs may be subdivided into clauses and clauses may be subdivided into subclauses. Except for subsections, each subdivision is indented a uniform space from the indentation of the next higher subdivision.
NORMAL NUMBERING
§ 23.21. Titles.
Titles are numbered sequentially in Arabic throughout the Statutes.
§ 23.22. Parts.
Parts are numbered sequentially in Roman throughout each title.
§ 23.23. Chapters.
Chapters are numbered sequentially in Arabic throughout each title. No chapter may be numbered beyond 99.
§ 23.24. Other major subdivisions.
Whenever other subdivisions are necessary, subparts shall be identified by letters, beginning with each part, articles shall be identified by letters, beginning with each subpart, divisions shall be identified by Arabic numerals, beginning with each article, subdivisions shall be identified by letters, beginning with each division, and subchapters shall be identified by letters, beginning with each chapter, as follows:
Terminology Illustrative
SymbolNumbered
WithinPart I Title Subpart A Part Article A Subpart Division 1 Article Subdivision A Division Chapter 1 Title Subchapter A Chapter § 23.25. Sections.
Sections are numbered sequentially in Arabic throughout each title. Chapters shall consist of no more than 99 sections and no section may be numbered beyond 9999. The last two digits in the section number indicate the sequence of the sections within a chapter and the digit or digits preceding such digits indicate the number of the chapter. For example, a section is numbered ‘‘2342.’’ The section is in the 42nd position in Chapter 23 of the title.
Cross References This section cited in 101 Pa. Code § 25.17 (relating to assignment of section numbers).
§ 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).
§ 23.27. Reservation of numbers.
(a) General rule.—Chapter numbers should be spaced to allow for expansion and a minimum of one number, the even number, should be omitted between chapters of a new or revised part, subpart, article, division or subdivision. Where subchapters are used, section numbers should be spaced to allow for expansion and the first section in each subchapter should end with the number ‘‘1’’ (e.g. 101, 111, 121, etc.).
(b) Uniform laws.—When incorporating uniform laws into the Statutes, spacing between chapter numbers and section numbers may be omitted where it is desirable to maintain the same numbering system of the uniform law to simplify comparison between the provision of the uniform law and the comparable provisions of the Statutes.
Cross References This section cited in 101 Pa. Code § 25.17 (relating to assignment of section numbers).
SPECIAL NUMBERING PROBLEMS
§ 23.31. Addition of new units between existing units.
(a) Chapters.—If it becomes necessary to introduce a new chapter between existing chapters the new chapter shall be designated by the addition of a letter suffix to the preceding chapter number. Thus, a chapter introduced between Chapters 31 and 32 would be numbered Chapter 31A. This practice should be avoided whenever possible since it results in extremely awkward section numbering. For example, the first section in Chapter 31A would be numbered § 31A01.
(b) Sections.—If it becomes necessary to introduce a new section between existing sections the new section shall be designated by the addition of a period and Arabic numeral suffix to the preceding section number. Thus, a section introduced between § 311 and § 312 would be numbered § 311.1. When a number of such section numbers have been introduced the entire portion of the title or chapter should be revised and renumbered.
(c) Subsections.—If it should become necessary to introduce a subsection between existing subsections, and revision of the entire section is not desirable, the new subsection shall be designated by the addition of a period and Arabic numeral suffix to the letter designating the preceding subsection. Thus, a subsection introduced between subsections (a) and (b) would be numbered as subsection (a.1).
(d) Smaller units.—Should it become necessary to introduce a unit smaller than a subsection between existing units, the entire subsection or appropriate minor subdivision should be revised. If this is not feasible, the numbering scheme applicable to subsections is to be used.
§ 23.32. Re-use of section numbers.
A section number shall not be re-used for a different subject, except in a bill to revise a part, subpart, article, division, subdivision, chapter or subchapter of the Statutes.
HEADINGS AND TABLES OF CONTENTS
§ 23.41. Section headings.
(a) General rule.—Each section shall be given a brief descriptive heading or catchline set out on a separate line immediately preceding the body of the section. The symbol ‘‘§ ’’ shall precede the digits of a section number in the catchline.
(b) Status.—Under 1 Pa.C.S. § 1101 (relating to enacting clause and unofficial provisions), section headings do not constitute part of the law and may be added or changed in editing statutes for printing.
Cross References This section cited in 101 Pa. Code § 25.18 (realting to insertion of section headings).
§ 23.42. Subsection headings.
(a) General rule.—Except in unusual cases, subsections shall be given a brief descriptive catchline. The subsection headings shall not be set out on separate lines.
(b) Status.—Under 1 Pa.C.S. § 1101 (relating to enacting clause and unofficial provisions), subsection headings do not constitute part of the law and may be added or changed in editing statutes for printing.
Cross References This section cited in 101 Pa. Code § 25.20 (relating to insertion of subsection headings).
§ 23.43. Summary analyses.
(a) General rule.—Each unit of the Statutes shall be preceded by a summary analysis of the contents of the unit as follows:
(1) A subchapter, or chapter if the chapter is not subdivided into subchapters, shall contain the term ‘‘Sec.’’ in the lefthand margin immediately under the subchapter or chapter heading, followed by a list of the section catchlines, omitting, in each case, the symbol ‘‘§ ’’.
(2) A chapter, if the chapter is subdivided into subchapters, shall contain the word ‘‘Subchapter’’ in the lefthand margin immediately under the chapter heading, followed by a list of the subchapters of the chapter printed in initial capital letters and omitting, in each case, the initial word ‘‘Subchapter.’’
(3) A part, or other major subdivision immediately superior to a chapter, shall contain the word ‘‘Chapter’’ in the lefthand margin immediately under the part or other major subdivision heading, followed by a list of the chapters of the part or other major subdivision printed in initial capital letters and omitting, in each case, the initial word ‘‘Chapter.’’
(4) A title shall contain the word ‘‘Part’’ or other applicable word in the lefthand margin immediately under the title heading, followed by a list of the parts of the title printed in initial capital letters and omitting, in each case, the initial word ‘‘Part’’ or other applicable word.
(5) Subparts, articles, divisions and subdivisions shall be preceded by corresponding summary analyses.
(b) Status.—Under 1 Pa.C.S. § 1101 (relating to enacting clause and unofficial provisions), summary analyses do not constitute part of the law and may be added or changed in editing statutes for printing. Thus, they do not have to be amended upon the addition, repeal or amendment of an item included in the summary analysis.
Cross References This section cited in 101 Pa. Code § 25.23 (relating to insertion of summary analyses).
§ 23.44. Short titles.
A section or major subdivision may be given an official short title (e.g. Pennsylvania Uniform Firearms Act) to simplify informal references to its provisions. However, this short title will not be used in an official citation contained in another title or statute unless contained in the cross reference description of the section or major subdivision referred to. It is not necessary that the short title for an entire title conform to the heading of the title (e.g. Title 18 (Crimes and Offenses) which was given the short title Crimes Code). Short titles are particularly useful for identifying uniform laws incorporated into the Statutes.
Cross References This section cited in 101 Pa. Code § 25.12 (relating to insertion of short title).
§ 23.45. Tables of contents.
(a) General rule.—A table of contents should be included in bills adding major subdivisions to the Statutes. The table of contents shall include a listing of the designation, number and heading of each section and major subdivision added by the bill.
(b) Status.—Under 1 Pa.C.S. § 1101 (relating to enacting clause and unofficial provisions), tables of contents do not constitute part of the law and may be added or changed in editing statutes for printing. Thus, they do not have to be amended upon the addition, repeal or amendment of an item included in the table of contents.
Cross References This section cited in 101 Pa. Code § 25.26 (relating to insertion of table of contents).
REFERENCES
§ 23.51. General requirements.
All references to the Statutes shall be in terms of the specific titles, chapters, sections, subsections or other specific units involved. Ambiguous references such as ‘‘herein,’’ ‘‘above,’’ ‘‘below’’ and the like shall never be used. A reference to ‘‘statute’’ or ‘‘statutes’’ means acts of the General Assembly generically and, unless the context clearly indicates otherwise, under 1 Pa.C.S. § 304 (relating to references to other statutes) such reference is deemed to be also a general reference to the provisions of the Statutes.
§ 23.52. Cross reference descriptions.
(a) General rule.—A cross reference description based on the section heading or headings of the provisions cited shall be inserted in parentheses immediately following the first occurrence in a section of the citation to another provision of the Statutes. Where required for clarity in the case of cross references to subsections or other parts of a section, the cross reference description may be based on the heading of the subsection or other part thereof referred to. Similar cross reference descriptions shall be used when the citation is to a title, part, chapter or other major subdivision of the Statutes.
(b) Status.—Under 1 Pa.C.S. § 1101 (relating to enacting clause and unofficial provisions), cross reference descriptions do not constitute part of the law and may be added or corrected in editing statutes for printing.
Cross References This section cited in 101 Pa. Code § 25.18 (relating to insertion of section headings); and 101 Pa. Code § 25.20 (relating to insertion of subsection headings).
§ 23.53. Cross reference within same title.
(a) General rule.—When reference is made to provisions contained in any other unit of the same title, the following forms shall be used:
Part I (relating to general provisions).
Chapter 9 (relating to constitutional provisions).
Subchapter E of Chapter 77 (relating to judicial supervision of corporate action).
Subchapter F (relating to involuntary liquidation and dissolution).
section 102 (relating to citation of Pennsylvania Consolidated Statutes).
(b) Double citations.—When reference is made to provisions contained in two other units of the same title, the following forms shall be used:
Parts I (relating to general provisions) and III (relating to higher education).
section 301 (relating to initial deposits by newly organized cemetery companies) or 302 (relating to initial deposits by existing cemetery companies).
sections 1909 (relating to publication for successive weeks) and 1910 (relating to computation of months).
section 306(f)(1) or (2) (relating to exceptions).
(c) Multiple citations.—When reference is made to provisions contained in three or more consecutive units of the same title, the following forms shall be used:
Parts I (relating to general provisions) through III (relating to higher education).
section 3126(3), (4) and (5) (relating to indecent assault).
§ 23.54. Cross reference between titles.
When reference is made to provisions contained in a title other than that in which the reference occurs, the short form of citation provided in 1 Pa.C.S. § 102 (relating to citation of Pennsylvania Consolidated Statutes) shall be used. Thus a reference made within Title 15 to section 504 of Title 54 appears as ‘‘54 Pa.C.S. § 504 (relating to effect of failure to make decennial filings).’’ However, a reference in Title 15 to Chapter 5 of Title 54 appears as ‘‘Chapter 5 of Title 54 (relating to corporate and association names).’’ A short form of reference (e.g. 54 Pa.C.S. Ch.5) may also be used.
§ 23.55. Cross reference to units within sections.
(a) References to units within another section.—When reference is made to units contained in another section, the reference is denominated as a reference to the ‘‘section’’ although the citation specifies a subordinate unit within the section. Thus, a reference made to subclause (I) of clause (C) of subparagraph (i) of paragraph (1) of subsection (b) of 15 Pa.C.S. § 7313 (relating to corporate name) should be in the following forms:
section 7313(b)(1)(i)(C)(I) (relating to notice of intention to appropriate corporate name).
15 Pa.C.S. § 7313(b)(1)(i)(C)(I) (relating to notice of intention to appropriate corporate name).
(b) References to units within same section.—When reference is made to units contained in the same section, the reference is denominated as a reference to the unit.
(1) When the reference is to another subordinate unit within a subsection or other subordinate unit, the reference is made with respect to the highest unit cited in the reference. The following is exemplary:
paragraph (1).
paragraph (1)(i).
paragraph (1)(i)(A).
paragraph (1)(i)(A)(I).
subparagraph (i).
subparagraph (i)(A).
subparagraph (i)(A)(I).
clause (A).
clause (A)(I).
subclause (I).
(2) When the reference is to a unit within another subsection of the section, the reference is made with respect to the subsection. The following is exemplary:
subsection (a).
subsection (a)(1).
subsection (a)(1)(i).
subsection (a)(1)(i)(A).
§ 23.56. References to other statutes.
(a) General rule.—Any statute other than a provision of the Statutes shall be cited by reference to its date of enactment, and the page number (e.g. P. L. 406) and act number (e.g. No. 21) assigned in the Laws of Pennsylvania.
(b) Official short title.—If the statute has an official statutory short title, the short title shall be set forth without the use of quotation marks as follows:
act of July 23, 1970 (P. L. 563, No. 195), known as the Public Employe Relations Act.
(c) Unofficial short title or summary of title.—If the statute has no official statutory short title, the unofficial short title of the statute or, if there is no unofficial short title, a brief summary of the title may be set forth without the use of quotation marks as follows:
act of May 13, 1909 (P. L. 520, No. 292), referred to as the Pure Food Law.
act of June 3, 1911 (P. L. 639, No. 246), relating to medicine and surgery.
(d) Special session.—If the statute was passed during a special session, a reference to the special session and special session number, if any, shall be set forth as follows:
act of April 27, 1966 (1st Sp. Sess., P. L. 31, No. 1), known as The Bituminous Mine Subsidence and Land Conservation Act.
Year of pamphlet law.—If a statute is finally enacted in the year following the year of the volume of the Laws of Pennsylvania containing the statute, the year of the volume of the Laws of Pennsylvania shall be set forth as follows:
act of January 8, 1960 (1959 P. L. 2119, No. 787), known as the Air Pollution Control Act.
§ 23.57. Citation of Pennsylvania Code.
The Pennsylvania Code shall be cited as provided in 1 Pa. Code § 1.2 (relating to citation of Pennsylvania Code) as follows:
§ 23.58. Citation of Pennsylvania Bulletin.
The Pennsylvania Bulletin shall be cited as provided in 1 Pa. Code § 9.82 (relating to references to Pennsylvania Bulletin) as follows:
§ 23.59. Citation of Federal statutes.
(a) Statutes at Large.—In citing the U.S. Statutes at Large, reference should be made to Public Law number if available, otherwise date of enactment, and section, volume and page. The page number should refer to the page on which the section cited begins as follows:
(1) Public Law 85-315, Part III, § 121,71 Stat. 637.
(2) act of October 31, 1951, § 50(b), 65 Stat. 727.
(b) U.S. Code.—In citing provisions of the U. S. Code which have been enacted into positive law, reference should be made to title and section number in the same manner as citation of the Statutes. For example:
28 United States Code § 2254 (relating to state custody remedies in Federal courts).
(c) U.S.C. titles enacted into law.—The following titles of the United States Code have been enacted into positive law:
Title 1—General Provisions.
Title 3—The President.
Title 4—Flag and Seal, Seat of Government, and the States.
Title 5—Government Organization and Employees.
Title 6—Surety Bonds.
Title 9—Arbitration.
Title 10—Armed Forces.
Title 13—Census.
Title 14—Coast Guard.
Title 17—Copyrights.
Title 18—Crimes and Criminal Procedure.
Title 23—Highways.
Title 28—Judiciary and Judicial Procedure.
Title 32—National Guard.
Title 35—Patents.
Title 37—Pay and Allowances of the Uniformed Services.
Title 38—Veterans’ Benefits.
Title 39—Postal Service.
Title 44—Public Printing and Documents.
(d) Internal Revenue Code.—The Internal Revenue Code of 1954 was enacted in the form of a separate code by the act of August 16, 1954, c. 736, 68A Stat. 1. The sections of Title 26, United States Code, are identical to the sections of the Internal Revenue Code.
(e) Preferred practice.—The preferred practice for citing Federal statutes is the use of the official or unofficial name together with a reference to either the Public Law number, if any, or Statutes at Large and a reference to the U.S. Code where it readily may be found as follows:
Federal Corporate Takeover Act (Public Law 90-439, 15 U.S.C. § 78 et seq.)
Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.)
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
