Notwithstanding the commencement of section 4 of the 2006 Act and the substitution of section 88A of the 2002 Act6 and section 23 of the 1999 Act7, section 4(1) (appeals: entry clearance) and section 4(2) of the 2006 Act (monitoring refusals of entry clearance) shall have effect only so far as they relate to applications of a kind identified in immigration rules as requiring to be considered under a “Points Based System”.