Transitional Provisions6
1
The amendments and repeals made by the following provisions of the Act–
a
section 30 and subsections (1) to (7) of section 31,
b
the paragraphs of Schedule 1 mentioned in article 3(b), and
c
the entries in Schedule 2 mentioned in article 3(c) that relate to sections of the 1992 Act,
do not apply in the circumstances specified in paragraph (2).
2
The circumstances are –
a
where the act or failure to act to which the complaint relates was done before 1st October 2004, or
b
where the act or failure to act to which the complaint relates is part of a series and the first act or failure in the series was done before that date.
3
For the purposes of paragraph (2) an act extending over a period is done on the last day of that period and a failure to act shall be treated as done when it was decided on.
4
For the purposes of paragraph (3), in the absence of evidence establishing the contrary, the employer shall be taken to decide on a failure to act–
a
when he does an act inconsistent with doing the failed act, or
b
if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.