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407: Proof of material incorporated by reference
or “Explains how to prove that outside information is officially part of a rule”
You could also call this:

“When rules that use outside information end, someone important has to say if that information still counts.”

When an instrument that includes material from another source expires, is revoked, or stops being effective, that material doesn’t automatically stop being part of the law. For the material to stop being part of the law, someone needs to say so officially.

If the material was part of secondary legislation, the Minister needs to make an announcement saying the material is no longer part of the law. For any other kind of instrument, the chief executive needs to put a notice in the Gazette (which is like a government newspaper) saying the material is no longer part of the law.

If the Minister makes an announcement about secondary legislation not being part of the law anymore, this announcement is also considered secondary legislation. You can find out how this kind of announcement needs to be published by looking at Part 3 of the Legislation Act 2019.

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Next up: 409: Requirement to consult

or “The law says the government must ask people what they think before adding new information to the rules.”
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Part 5 Miscellaneous provisions
Miscellaneous: Incorporation of material by reference

408Effect of expiry of material incorporated by reference

  1. Material incorporated by reference in an instrument that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the instrument only if—

  2. in the case of material incorporated in an instrument that is secondary legislation, the Minister, by notice, states that the material ceases to have legal effect; or
    1. in the case of material incorporated in any other instrument, the chief executive, by notice in the Gazette, states that the material ceases to have legal effect.

      1. A notice under subsection (1)(a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 408(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 408(1)(a): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 408(1)(b): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 408(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).