Current through Register Vol. 54, No. 25, June 22, 2024
(a)Use. The use of provisos should be avoided. See section 15.145 of this Title (relating to preferred expressions). "Provided, That" and "Provided, however, That" are much abused phrases. They are meaningless when used to introduce an additional provision that should be expressed by a direct statement. There is no special case that cannot be expressed equally well by a direct statement. They are often improperly used to introduce a new idea or a separate statement not necessarily connected with the preceding clause. They should be used only for introducing exceptions and qualifications to the preceding clause.(b)Statutory construction. The act (1 Pa.C.S. § 1924) provides that provisos shall be construed to limit rather than to extend the operation of the clauses to which they refer.