40.—(1) These Rules shall apply, with appropriate modifications, to any proceedings pending on the day on which they come into force, to which, immediately before that day, the 2001 Rules applied.
(2) In relation to any proceedings pending on the day on which these Rules come into force, anything done or any direction given before that day under the 2001 Rules or under any other power of the Commission shall be treated as if done or given under these Rules.