§ 77 — Incorporation by reference

77.—(1) Regulations may incorporate by reference —(a)

wholly or partially;

(b)

with or without any addition, omission or substitution; or

(c)

specifically or by reference,

any code of practice, standard, requirement, specification or other document (called in this section the material) that relates to any subject matter of any regulations.

(2) The incorporation by reference may be of the material —(a)

as in force or published at a particular time, or from time to time; and

(b)

whether issued by the Agency, or by any standards-setting or other organisation, or any other person.

(3) Unless otherwise provided in the regulations, where any material is incorporated by reference in the regulations under subsection (1) —(a)

the material is treated for all purposes as forming part of the regulations; and

(b)

for any incorporation by reference of the material as in force or published from time to time, every amendment to the material that is made by the Agency, organisation or person issuing the material is treated as forming part of the regulations from the time the amendment takes effect.

(4) If any provision in any material is inconsistent with any provision of this Act, such provision in the material, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(5) Where any material is incorporated by reference in any regulations, the Agency must give notice in the Gazette stating —(a)

that the material is incorporated in the regulations, and the date on which the relevant provision in the regulations takes effect;

(b)

that the material is available for inspection, free of charge, and the place at which such material may be inspected;

(c)

that copies of the material can be purchased, and the place where the copies can be purchased; and

(d)

if copies of the material are available in other ways, the details of where or how the copies can be accessed or obtained.

(6) Where any material is incorporated by reference as in force or published from time to time in any regulations is amended or revoked, the Agency must give notice in the Gazette stating —(a)

that the material is amended or revoked, and the date on which the amendment or revocation takes effect; and

(b)

for an amendment —(i)

that the amendment to the material, or the material as amended, is available for inspection, free of charge, and the place at which such amendment or amended material may be inspected;

(ii)

that copies of the amendment to the material, or the material as amended, can be purchased, and the place where the copies of the amendment or the amended material can be purchased; and

(iii)

if copies of the amendment to the material, or the material as amended, are available in other ways, the details of where or how the copies of the amendment or the amended material can be accessed or obtained.

(7) In addition, for the purposes of subsections (5)(b) and (6)(b)(i), the Agency must cause a copy of every material, amendment or amended material referred to, to be made available for inspection by members of the public without charge at any of its offices during normal office hours.

(8) To avoid doubt, any part of the material that is not incorporated by reference under subsection (1) does not have any legislative effect.

—(1) Regulations may incorporate by reference —(a)

wholly or partially;

(b)

with or without any addition, omission or substitution; or

(c)

specifically or by reference,

any code of practice, standard, requirement, specification or other document (called in this section the material) that relates to any subject matter of any regulations.

(2) The incorporation by reference may be of the material —(a)

as in force or published at a particular time, or from time to time; and

(b)

whether issued by the Agency, or by any standards-setting or other organisation, or any other person.

(3) Unless otherwise provided in the regulations, where any material is incorporated by reference in the regulations under subsection (1) —(a)

the material is treated for all purposes as forming part of the regulations; and

(b)

for any incorporation by reference of the material as in force or published from time to time, every amendment to the material that is made by the Agency, organisation or person issuing the material is treated as forming part of the regulations from the time the amendment takes effect.

(4) If any provision in any material is inconsistent with any provision of this Act, such provision in the material, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(5) Where any material is incorporated by reference in any regulations, the Agency must give notice in the Gazette stating —(a)

that the material is incorporated in the regulations, and the date on which the relevant provision in the regulations takes effect;

(b)

that the material is available for inspection, free of charge, and the place at which such material may be inspected;

(c)

that copies of the material can be purchased, and the place where the copies can be purchased; and

(d)

if copies of the material are available in other ways, the details of where or how the copies can be accessed or obtained.

(6) Where any material is incorporated by reference as in force or published from time to time in any regulations is amended or revoked, the Agency must give notice in the Gazette stating —(a)

that the material is amended or revoked, and the date on which the amendment or revocation takes effect; and

(b)

for an amendment —(i)

that the amendment to the material, or the material as amended, is available for inspection, free of charge, and the place at which such amendment or amended material may be inspected;

(ii)

that copies of the amendment to the material, or the material as amended, can be purchased, and the place where the copies of the amendment or the amended material can be purchased; and

(iii)

if copies of the amendment to the material, or the material as amended, are available in other ways, the details of where or how the copies of the amendment or the amended material can be accessed or obtained.

(7) In addition, for the purposes of subsections (5)(b) and (6)(b)(i), the Agency must cause a copy of every material, amendment or amended material referred to, to be made available for inspection by members of the public without charge at any of its offices during normal office hours.

(8) To avoid doubt, any part of the material that is not incorporated by reference under subsection (1) does not have any legislative effect.