§ 95 — Incorporation by reference, etc.

95.—(1) Any subsidiary legislation made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any matter contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the Regulation deals, even if the code, standard, rule, requirement, specification or other document does not yet exist when the Regulation is made.(2) Material referred to in subsection (1) may be applied, adopted or incorporated by reference in any subsidiary legislation made under this Act —(a)

in whole or in part; or

(b)

with modifications, additions or variations specified in the subsidiary legislation made under this Act.

(3) A copy of any material applied, adopted or incorporated by reference in any subsidiary legislation made under this Act, including any amendment to, or replacement of, the material, must be —(a)

certified as a correct copy of the material by the LTA; and

(b)

retained by the LTA.

(4) Any material applied, adopted or incorporated in any subsidiary legislation made under this Act by reference under subsection (1) is to be treated for all purposes as forming part of the subsidiary legislation made under this Act; and, unless otherwise provided in the subsidiary legislation, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of that subsidiary legislation made under this Act.

(5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any subsidiary legislation made under this Act, the LTA must give notice in the Gazette stating —(a)

that the material is incorporated in the subsidiary legislation and the date on which the relevant provision in the Regulation was made;

(b)

that the material is available for inspection during working hours, without charge;

(c)

the place where the material can be inspected;

(d)

that copies of the material can be purchased;

(e)

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

(f)

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

(6) The LTA must cause a copy of every code, standard, requirement, rule or specification incorporated by reference under subsection (1) to be made available for inspection by members of the public without charge at the office of the LTA during normal office hours.

(7) In this section, “modification” includes omissions, additions and substitutions.

—(1) Any subsidiary legislation made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any matter contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the Regulation deals, even if the code, standard, rule, requirement, specification or other document does not yet exist when the Regulation is made.

(2) Material referred to in subsection (1) may be applied, adopted or incorporated by reference in any subsidiary legislation made under this Act —(a)

in whole or in part; or

(b)

with modifications, additions or variations specified in the subsidiary legislation made under this Act.

(3) A copy of any material applied, adopted or incorporated by reference in any subsidiary legislation made under this Act, including any amendment to, or replacement of, the material, must be —(a)

certified as a correct copy of the material by the LTA; and

(b)

retained by the LTA.

(4) Any material applied, adopted or incorporated in any subsidiary legislation made under this Act by reference under subsection (1) is to be treated for all purposes as forming part of the subsidiary legislation made under this Act; and, unless otherwise provided in the subsidiary legislation, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of that subsidiary legislation made under this Act.

(5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any subsidiary legislation made under this Act, the LTA must give notice in the Gazette stating —(a)

that the material is incorporated in the subsidiary legislation and the date on which the relevant provision in the Regulation was made;

(b)

that the material is available for inspection during working hours, without charge;

(c)

the place where the material can be inspected;

(d)

that copies of the material can be purchased;

(e)

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

(f)

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

(6) The LTA must cause a copy of every code, standard, requirement, rule or specification incorporated by reference under subsection (1) to be made available for inspection by members of the public without charge at the office of the LTA during normal office hours.

(7) In this section, “modification” includes omissions, additions and substitutions.