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39.—(1) Sub-paragraph (2) applies in relation to a direction not to make a grant which—
(a)was given before the commencement date by the TSA to the HCA under article 4 of the 2008 Order, and
(b)was not withdrawn before that date.
(2) The direction has effect, on and after the commencement date and subject to section 106(4) of the 2008 Act (direction to the HCA), as if it were a direction under section 106 not to give any financial assistance.
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