Regulation 8 Transitional Arrangements- earlier justification decisions

(1)

This regulation applies when there has been a determination which—

(a)

expressly determines whether or not a practice, or a class or type of practice is justified;

(b)

was made prior to the coming into force of these Regulations; and

(c)

was made by one of the persons listed in regulation 6(1) or by a person acting with the authority of one of those persons.

(2)

A determination to which this regulation applies shall—

(a)

be treated as a justification decision for the purposes of these Regulations;

(b)

be treated as limited to the same extent that the power of the person making it, or under whose authority it was made, is limited by sub-paragraphs (a) to (d) of regulation 6(2); and

(c)

if it was limited to a particular practice, be treated as a justification decision whose scope is limited to the same extent as was the determination in question.

(3)

Any determination to which this regulation applies which determined that a practice or a class or type of practice was not justified shall be treated as having specified, for the purpose of regulation 11(2)(a), the date these Regulations come into force unless a later date was specified in the determination.