Current through Register Vol. 54, No. 44, November 2, 2024
Section 15.69 - Severability clause(a)Use. A severability clause is not necessary and should not be used. The act (1 Pa.C.S. § 1925) provides that the provisions of every statute shall be severable and that the valid provisions should be given effect unless the court finds that the valid provisions of the statute are so essentially and inseparably connected with, and so depend upon, the void provision or application, that it cannot be presumed the General Assembly would have enacted the remaining valid provisions without the void one; or unless the court finds that the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.(b)Form. If a severability clause is used, it may be in substantially the following form: "If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable."