Paragraph 3 Rules applicable to continuing conductI1I2

This paragraph applies where conduct of a person is continuing conduct.

The new law applies in respect of the person’s post-commencement conduct.

The new law also applies in respect of the person’s pre-commencement conduct for the purposes of enabling the taking of enforcement action under Chapter 3 or 4 of Part 3 in relation to that conduct.

Where the new law applies by virtue of sub-paragraph (3), a requirement under Chapter 3 or (as the case may be) Chapter 4 may be imposed on a person in respect of the relevant infringement in relation to which the enforcement action is taken only if a requirement of a corresponding kind could have been imposed on the person under the old law (and accordingly a monetary penalty, in particular, may not be imposed on the person).

In applying the new law in accordance with this paragraph in respect of a person’s post-commencement conduct, regard may be had to, and findings of fact or law may be made in respect of, the person’s pre-commencement conduct so far as necessary or appropriate for the purposes of determining any matter that falls to be determined in the application of the new law.

In this paragraph—

• “post commencement conduct” means so much of a person’s continuing conduct as takes place on or after the commencement date;

• “pre-commencement conduct” means so much of a person’s continuing conduct as takes place before the commencement date.