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Article 5 Modification of pre-commencment provisions

Original text. Later amendments are not shown.

(1)

When designating a pre-commencement provision, the Authority must make such modifications to it (if any) as appear to the Authority necessary to ensure—

(a)

that, so far as possible, the pre-commencement provision has the same effect after commencement as it did immediately before commencement; and

(b)

in particular, that the class of persons to whom the continued rule applies at any time after commencement consists of persons of the same description as the class of persons to whom it would have applied at that time if the Act had not been passed and the provision had remained as it had effect immediately before commencement.

(2)

When designating a pre-commencement provision, the Authority may make such modifications to it as have the effect of limiting its application to a class of persons narrower than the class to which it applied immediately before commencement; and paragraph (1) is not to be taken—

(a)

as preventing any modification under this paragraph; or

(b)

as requiring any modification which is inconsistent with a modification that has been made under this paragraph.

(3)

The modifications authorised by paragraph (1)(a) include the addition of such transitional provisions as are necessary to ensure the result there mentioned.

(4)

If a pre-commencement provision designated under this Part purports to include a modification which is not authorised by this Order and would alter the effect or application of the provision, to the extent that it is not so authorised, the modification is void.