Clause 28

Regulations made under section 113 may apply, adopt or incorporate by reference —

wholly or partially;

with or without any addition, omission or substitution; or

specifically or by reference,any code, standard, rule, specification or other document that relates to any subject matter for which those regulations may be made (called in this section the material), as in force or published at a particular time or as in force or published from time to time.

The material mentioned in subsection (1) may be material that —

is issued by the Commissioner;

is recommended, issued or adopted by the Enterprise Singapore Board;

is recommended, issued or adopted by any other standards organisation or body of any place outside Singapore, being an organisation or a body approved by the Commissioner; or

is included in any document issued by any Government department or public authority.

Any material applied, adopted or incorporated in the regulations by reference under subsection (1) is to be treated for all purposes as forming part of the regulations.

Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the Commissioner, the Enterprise Singapore Board, the organisation or body or the Government department or public authority (as the case may be) is to be treated as being a part of those regulations.

Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Commissioner must give notice in the Gazette stating —

that the material is applied, adopted or incorporated in the regulations by reference, and the date on which the relevant provision in the regulations was made;

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

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

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

In addition, the Commissioner must cause a copy of every material applied, adopted or incorporated in the regulations by reference under subsection (1) to be made available for inspection by members of the public without charge at the office of the Commissioner during normal office hours.

In any proceedings under this Act, a copy certified by the Commissioner as a true copy of any material mentioned in subsection (2)(c) or (d) that is applied, adopted or incorporated in the regulations by reference under subsection (1) is evidence of that material.

Unless otherwise provided in any regulations made under section 113, in the event that any material applied, adopted or incorporated in the regulations by reference under subsection (1) is inconsistent with the Code of Practice for Fire Precautions in Buildings published by the Commissioner, the Code of Practice for Fire Precautions in Buildings prevails.

To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference under subsection (1) has no legislative effect.”.