Transitory provisions

12.—(1) Subject to the provisions of this article the amendments to the principal Order contained in this Order shall not apply to a claim made before the day this Order comes into force.

(2) Where a claim is made before the day this Order comes into force—

(a)the time specified for making a claim for injury benefit is 7 years beginning with the day on whichever of the days specified in article 39(1) is applicable to the claim;

(b)death benefit is payable if death occurs within the period of 7 years beginning with the day on which service ends, and the conditions specified in sub-paragraphs (i) or (ii) of article 9(3)(b) are satisfied; and

(c)the amendments to Schedule 4 shall apply where—

(i)the Secretary of State determines (whether before or after the coming into force of this Order) that a temporary award in accordance with article 20 of the principal Order should be made in respect of an injury—

(aa)for which benefit is claimed; or

(bb)which is of the same description as an injury for which benefit is claimed;

(ii)a descriptor for the injury (in respect of which the temporary award is made) is included in the amendments to Schedule 4; and

(iii)the descriptor is at the same level of the tariff as the temporary award.

(3) The time specified for making a claim for death benefit is 1 year beginning with day this Order comes into force or 3 years beginning with the day on which death occurred, whichever is the later.

(4) In this article—

(a)“claim” means a claim made in accordance with the principal Order and “claimed” shall be construed accordingly;

(b)“descriptor” means an entry in column (b) of, including the footnotes to, Tables 1 to 9 of Schedule 4 to the principal Order.