38(1)Neither section 141(2) of the principal Act nor section 10(1) of the [1980 c. 30.] Social Security Act 1980 (duty of Secretary of State to refer proposals for regulations to Industrial Injuries Advisory Council and Social Security Advisory Committee) shall apply to any regulations contained in a statutory instrument which states that it satisfies the requirements of this paragraph.
(2)A statutory instrument satisfies the requirements of this paragraph if it contains only one or more of the following—
(a)regulations made under or by virtue of any provision of this Act and before the expiry of the period of six months beginning with the commencement of that provision;
(b)regulations made under any enactment in consequence of a provision of this Act, or in consequence of any provision made by virtue of a provision of this Act, and before the expiry of the period of six months beginning with the commencement of the relevant provision of this Act;
(c)regulations proposals for which are not subject to the requirements of section 141(2) or section 10(1).
39Regulations may make provision with respect to the date from which a period of entitlement is to be taken to have begun in any case where, on the date on which section 3 of this Act comes into force, a period of incapacity for work which began before that date has not come to an end.