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Article 3 Designation of pre-commencement provisions to take effect as rules

Original text. Later amendments are not shown.

(1)

This article applies to a pre-commencement provision which—

(a)

has been designated by the Authority in accordance with article 4;

(b)

could, with the modifications (if any) made to it under article 5, be made in whole or in part under a provision of the Act conferring power on the Authority to make rules; and

(c)

has not been amended or revoked at any time between its designation and commencement.

(2)

Where a pre-commencement provision—

(a)

has been designated by the Authority in accordance with article 4; and

(b)

has been amended at any time between its designation and commencement by a further such provision which has itself been so designated,

this article applies to the original provision, subject to that amendment.

(3)

A pre-commencement provision to which this article applies has effect after commencement—

(a)

with such modifications (if any) as may be made under article 5; and

(b)

to the extent that (with those modifications) it could have been made under a provision of or under the Act conferring power on the Authority to make rules,

as if it were a rule made under that provision.

(4)

Paragraph (3) applies in spite of any repeal, revocation or other lapsing of the pre-commencement provision which occurs on commencement.