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Guideline 28


Care should be used when an Act makes reference to a  document that is not legally binding.

28.1. If the content of a document that is not legally binding (such as a technical standard) is to be made legally binding, that content should expressly be included as part of an Act, possibly as an integral-part-annex to it. In particular, this applies to technical standards (often drawn up by standardisation bodies).
28.2. If it is too onerous to expressly include such content as part of the Act (such as with a lengthy description of the conduct of laboratory tests), the Act may instead make reference to the document and require compliance with it.
28.3. Reference to a document that is not legally binding can be made static, by indicating the version of the document which is referred to. This should be clearly specified using an unambiguous formula such as ”in the version of ….”.
28.4. Nevertheless, if control is to be retained over the text of the document, this text should be reproduced within the Act. When the document is reproduced only partially within the Act, it is often still useful to maintain the document’s structure, with certain points or passages left blank, with an explanation in a footnote if necessary.


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