Paragraph 2 General savings for things done before the operational date and transitional provisions

(1)

Unless in this Schedule the contrary intention appears, the coming into force of section 79(5) of the 2000 Act shall not affect:

(a)

any act done, any notice served, any application made, any decision taken, any authorisation or consent given or any grant; or

(b)

any requirements or limitations of time; or

(c)

any legal proceedings commenced; or

(d)

any order made by a court;

under or in relation to Part X or Schedule 9 before the operational date.

(2)

Unless in this Schedule the contrary intention appears, in so far as any thing done under or in relation to Part X or Schedule 9 could have been done under Part XA or Schedule 9A, it shall have effect from the operational date as if done under Part XA or Schedule 9A, as the case may be.

(3)

For the purposes of paragraph (2)—

(a)

where an appeal under Part X was to a court, and the court has not considered the appeal before the operational date, such appeal (except for an appeal against refusal of consent under paragraph 2 of Schedule 9 which shall continue before a court) shall be continued after the operational date before the Tribunal (as defined in section 79B(8)) in accordance with section 79M as if it were an appeal against the taking of any step mentioned in section 79L(1) or against an order under section 79K as the case may be, and

(b)

“requirements” for the purposes of sections 72 and 73 shall be treated after the operational date as conditions which may be imposed under section 79F(3).

(4)

Where an appeal against refusal of consent under paragraph 2 of Schedule 9 is upheld by a court after the operational date, the appellant shall be treated as if such consent applied immediately before the operational date for the purposes of the Disqualification from Caring for Children (Wales) Regulations 2002.