Transitional provisions in relation to the ESA Orders
5.—(1) Subject to paragraphs (2) and (3) below, any provision in an agreement of the nature referred to in article 5(b) of each of the ESA Orders shall, in relation to the agreement within which it is contained, cease to have effect on 29th June 2001.
(2) Subject to paragraph (6) below, paragraph (1) above shall not apply to a provision in an agreement if a question has arisen as to whether there has been a breach of that agreement which has (as at 29th June 2001) been referred to arbitration in accordance with article 5(b) of the ESA Order concerned, but that disapplication shall have effect only for the purpose of that arbitration.
(3) Subject to paragraphs (4) and (6) below, paragraph (1) above shall not apply to a provision in an agreement if a question has arisen as to whether there has been a breach of that agreement which has not (as at 29th June 2001) been referred to arbitration in accordance with article 5(b) of the ESA Order concerned, but that disapplication shall have effect only for the purpose of that referral to arbitration (if it occurs) and any arbitration pursuant thereto.
(4) Where a question arises (between 8th June 2001 and 29th June 2001) as to whether there has been a breach of an agreement of the nature referred to in article 5(b) of each of the ESA Orders–
(a)that matter shall not be referred to arbitration; and
(b)the Scottish Ministers may in that period make a decision of the nature referred to in article 5D(1) of the ESA Orders.
(5) Where the Scottish Ministers make a decision in terms of paragraph (4)(b) above, that decision shall be treated for the purposes of regulation 5(1) of the principal Regulations 2000 as if it were made on 29th June 2001.
(6) The disapplications provided in paragraphs (2) and (3) above shall not apply where all the parties to the agreement concerned agree in writing, prior to the date of any order or decision of the arbiter, to that effect and, for the purposes of regulation 5(1) of the principal Regulations, the date of the decision to be reviewed shall be a date as shall be agreed by said parties.