"body of the Act" means the Act apart from any preamble, schedule or appendix
of the Act .
"provision unit" means—
(a) the body of the Act or the preamble, a schedule
or appendix of the Act ; or
(b) a chapter, part, division, subdivision,
section, subsection, paragraph, subparagraph or sub-subparagraph of the body
of the Act or a schedule or appendix of the Act ; or
(c) another provision of
the body of the Act or a schedule or appendix of the Act ; or
(d) a provision
of a preamble of the Act .
(2) Purpose of section This section explains the
meaning of a reference in an Act (the
"Act concerned" ) to a provision, designated by a number, that does not
mention another Act.
Examples of references to which section applies—
(3) References in a
provision unit of an Act mentioning the Act or larger provision unit of Act If
a reference in an Act to a provision also mentions the Act or a larger
provision unit of the Act , the reference itself indicates the provision of
the Act to which it refers.
Examples—
1 A reference in the body of the Act
to ‘ section 10 of this Act’ is a reference to section 10of the body of
the Act concerned.
2 A reference in a schedule of an Act to ‘ section 10 of
this schedule’ is a reference to section 10of the schedule where the
reference occurs.
3 A reference to ‘ paragraph (a) of this subsection’ is
a reference to paragraph (a) of the subsection where the reference occurs.
(4) For subsection (3) , a reference in a schedule or appendix of an Act to a
provision, designated by a number, together with the words ‘of the Act ’
is a reference to the provision, designated by the number, of the body of the
Act concerned.
Example—
A reference in a schedule of an Act to ‘ section
10 of the Act ’ is a reference to section 10 of the body of the Act .
(5)
Other references in body of Act If—
(a) the reference is in the body of an
Act; and
(b) subsection (4) does not apply to the reference;
the reference is
a reference to the provision, designated by the number, of the body of the Act
or, if there are 2 such provisions, the provision, designated by the number,
of the next larger, appropriate provision unit where the reference occurs.
Examples in the body of an Act—
1 A reference in the body of an Act to ‘
chapter 10 ’ is a reference to chapter 10 of the body of the Act .
2 A
reference to ‘ part 1 ’ is a reference to—
(a) if the body of the Act is
divided into chapters (that is, at least 2 of the chapters are further divided
into parts)— part 1 of the chapter where the reference occurs; or
(b) if
the body of the Act is not divided into chapters (that is, there is only 1
part 1 )— part 1 of the body of the Act .
3 A reference in the body of an
Act to ‘ division 2 ’ is a reference to division 2 of the part of the Act
where the reference occurs.
4 A reference in the body of an Act to ‘
subdivision 3 ’ is a reference to subdivision 3 of the division of the Act
where the reference occurs.
5 A reference in the body of an Act to ‘
section 10 ’ is a reference to section 10of the body of the Act .
6 A
reference in the body of an Act to ‘ subsection (1) ’ is a reference to
subsection (1) of the section of the Act where the reference occurs.
7 A
reference in the body of an Act to ‘ paragraph (a) ’ is a reference to—
(a) if the section where the reference occurs is divided into subsections—
paragraph (a) of the subsection where the reference occurs; or
(b) if the
section where the reference occurs is not divided into subsections—
paragraph (a) of the section of the Act where the reference occurs.
8 A
reference to ‘ subparagraph (i) ’ is a reference to subparagraph (i) of
the paragraph where the reference occurs.
(6) Other references in preamble,
schedule or appendix If—
(a) the reference is in the preamble or a schedule
or appendix of an Act; and
(b) subsection (4) does not apply to the
reference; and
(c) the reference is a reference to a provision that does not
occur in the preamble, schedule or appendix;
the reference is a reference to
the provision, designated by the number, of the body of the Act .
Examples—
1 A reference in a schedule that is not divided into chapters to ‘ chapter
10 ’ is a reference to chapter 10 in the body of the Act .
2 A reference in
a dictionary schedule to ‘ section 30 ’ is a reference to section 30 in
the body of the Act .
(7) If—
(a) the reference is in the preamble or a
schedule or appendix of an Act; and
(b) subsection (4) does not apply to the
reference; and
(c) the reference is a reference to a provision that does
occur in the preamble, schedule or appendix;
the reference is a reference to
the provision designated by the number, of the schedule, appendix or preamble
or, if there are 2 such provisions, the provision, designated by the number,
of the next larger, appropriate provision unit where the reference occurs.
Examples—
1 A reference in a schedule divided into parts to ‘ part 1 ’
is a reference to—
(a) if the schedule is divided into chapters (that is, at
least 2 of the chapters are further divided into parts)— part 1 of the
chapter where the reference occurs; or
(b) if the schedule is not divided
into chapters (that is, there is only 1 part 1 )— part 1 of the schedule.
2
A reference in a schedule divided into sections to †˜ section 10 ’ is a
reference to section 10of the schedule.
3 A reference in a schedule divided
into a single series of items to ‘item 5’ is a reference to item 5 of the
schedule.
4 A reference in a schedule divided into 2 or more series of items
to ‘item 5’ is a reference to item 5 of the series in which the reference
occurs.