Transitional Provisions and Savings
4. Section 40(1), (3) and (4) of the Act shall not apply in relation to a determination made to the effect that an operator has:–
(a)failed as mentioned in section 111(1)(a) of the 1985 Act; or
(b)operated as mentioned in paragraph (b) of that subsection,
where the relevant failure or, as the case may be, operation, occurred before 1st April 2001.