(2) Except as provided by subsections (3) and (4)--
(a) a heading to a provision of an Act or instrument (not being a heading
referred to in subsection (1)),
(b) matter within a provision of an Act or
instrument (being matter in parentheses that merely sets out a heading to or
describes the effect of some other provision of the Act or instrument or of
some other Act or instrument), or
(c) a marginal note, footnote or endnote in
an Act or instrument,
(3) A heading to a provision of an Act or instrument (not being a heading
referred to in subsection (1)) shall be taken to be part of the Act or
instrument if, immediately before 1 February 1981 (being the date on which
section 3 of the Interpretation (Amendment) Act 1980 commenced), it was part
of the Act or instrument.
(4) A heading to a provision of an Act or
instrument (not being a heading referred to in subsection (1)), or a marginal
note, footnote or endnote in an Act or instrument, shall be taken to be part
of the Act or instrument if--
(a) it is referred to expressly, otherwise than
by means of matter within some other provision of the Act or instrument (being
matter in parentheses that merely sets out a heading to or describes the
effect of the firstmentioned provision) or by means of a symbol, in some other
part of the Act or instrument, or
(b) not being so referred to, it is a
heading, marginal note, footnote or endnote to a table or form in the Act or
instrument.
(4A) The number of a section, subsection, clause or subclause of
an Act or instrument is taken to be part of the Act or instrument even though
it appears in a heading to the section, subsection, clause or subclause.
(5)
This section does not limit the application of section 34 in relation to the
use of any heading, marginal note, footnote or endnote in the interpretation
of the provision to which the heading, marginal note, footnote or endnote
relates.
