Regulation 10 Insertion of regulation 11A into the Departure Direction RegulationsI1

After regulation 11 of the Departure Direction Regulations (departure application and review under section 17 of the Act) there shall be inserted the following regulation—

“Meaning of “current assessment” for the purposes of the Act

11A

Where—

(a)

an application under section 28A of the Act has been made in respect of a current assessment;

(b)

after the making of that application that current assessment has been reviewed under section 16, 17, 18 or 19 of the Act, whether or not that review was initiated by a reference under section 28B(4) of the Act; and

(c)

following that review, a fresh maintenance assessment has been made—

(i)

the effective date of which is the same as the effective date of that current assessment; or

(ii)

which takes effect on the correct date applicable to that current assessment in circumstances where that current assessment has been reviewed on grounds which include the ground that its effective date was incorrect,

references to the current assessment in sections 28B(3), 28C(2)(a) and 28F(5) of, and in paragraph 8 of Schedule 4A and paragraphs 2, 3 and 4 of Schedule 4B to, the Act shall have effect as if they were references to that fresh maintenance assessment.”.