Article 6 Transitional provisions

(1)

The amendments and repeals made by the following provisions of the 2004 Order –

(a)

Article 12 and paragraphs (1) to (7) of Article 13,

(b)

the paragraphs of Schedule 2 mentioned in Article 3(b), and

(c)

the entries in Schedule 3 mentioned in Article 3(c) that relate to Articles of the 1996 Order,

do not apply in the circumstances specified in paragraph (2).

(2)

The circumstances are –

(a)

where the act or failure to act to which the complaint relates was done before 26th December 2004, or

(b)

where the act or failure to act to which the complaint relates is part of a series and the first act or failure in the series was done before that date.

(3)

For the purposes of paragraph (2) an act extending over a period is done on the last day of that period and a failure to act shall be treated as done when it was decided on.

(4)

For the purposes of paragraph (3), in the absence of evidence establishing the contrary, the employer shall be taken to decide on a failure to act-

(a)

when he does an act inconsistent with doing the failed act, or

(b)

if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.