Page:Buildings Energy Efficiency Ordinance (Cap. 610).pdf/32

BUILDINGS ENERGY EFFICIENCY ORDINANCE :(b) the requirements for assessment of the energy efficiency performance of a building services installation; and
 * (c) the requirements for carrying out an energy audit.

(3) The Director must—
 * (a) by a notice published in the Gazette identify a code of practice issued or approved under subsection (1);
 * (b) specify in the notice the commencement date of the code of practice; and
 * (c) specify the requirement under this Ordinance for which the code of practice is issued or approved.

(4) The Director may, from time to time, by a notice published in the Gazette—
 * (a) revise any code of practice issued under subsection (1); and
 * (b) approve any revision of any code of practice approved under subsection (1).

(5) A notice under subsection (4) must specify—
 * (a) the code of practice being revised;
 * (b) the commencement date of the revision; and
 * (c) if applicable, the requirement under this Ordinance for which the revision is made or approved.

(6) The Director may, at any time, by a notice published in the Gazette withdraw any code of practice approved under subsection (1).

(7) The Director must, before exercising the power conferred by subsection (1), (4) or (6), consult as the Director thinks fit any organizations or individuals who, in the opinion of the Director, have technical expertise or professional experience in building services installations.

(8) A notice under subsection (6) must specify the date on which the withdrawal takes effect.

(9) A reference to a code of practice is a reference to the code of practice as revised from time to time in accordance with this section.

(10) A notice under subsection (3), (4) or (6) is not subsidiary legislation.

41. Admissibility of code of practice in evidence

(1) If, in any legal proceedings, the court or appeal board is satisfied that a provision of a code of practice is relevant to the determination of a matter that is in issue in the proceedings—
 * (a) the code of practice is admissible in evidence in the proceedings; and
 * (b) proof that the person contravened or did not contravene a relevant provision of the code of practice may be relied on by any party to the proceedings as tending to establish or negate the matter.