OpenLegislation

Paragraph 12 Functions of the Commission in relation to repealed enactments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where by virtue of section 16 of the Interpretation Act 1978f1, or by virtue of that section as applied by section 23 of that Act, any investigation, legal proceeding or remedy may at any time be instituted, continued or enforced by a regulator in relation to an existing provider or an existing undertaking as if section 117(2), in so far as it relates to the repealed enactments, had not been passed—

(a)

any such investigation, legal proceeding or remedy may be instituted, continued or enforced by the Commission as if the repealing enactments had not been passed;

(b)

any function, power or duty that applied to, or was exercisable by, the regulator for the purpose of instituting, continuing or enforcing any such investigation, legal proceeding or remedy shall also apply to, or be exercisable by, the Commission as if the repealing enactments had not been passed.

(2)

The provisions of this paragraph are without prejudice to the operation of sections 16 and 23 of the Interpretation Act 1978.

(3)

In this paragraph, “repealed enactments” means the 1957 Act, the 1984 Act, and the provisions of sections 60 and 63 of, and Schedules 5 and 6 to, the 1989 Act, and the definition of “registered children’s home” in section 105 of that Act, that are repealed under section 117(2) of, and Schedule 6 to, the Act.

Annotations

Footnotes

f1

1978 c. 30.