Transitional and saving provisions in respect of investigatory powers

8.—(1) This article applies where—

(a)a provision (“the old provision”) is repealed by Schedule 6 to the Act or revoked by Schedule 2 to this Order, and

(b)a provision of Schedule 5 to the Act (investigatory powers etc.) (“the new provision”) re-enacts, with or without modification, the old provision.

(2) The repeal or revocation mentioned in paragraph (1)(a) and the re-enactment mentioned in paragraph (1)(b) do not affect the continuity of the law.

(3) Paragraph (2) does not apply to any change in the law made by Schedule 5 to the Act.

(4) A reference, express or implied, in an enactment, instrument or document to the new provision is, subject to its context, to be read as being or including a reference to the old provision, in relation to times, circumstances or purposes in relation to which the old provision had effect.

(5) A reference, express or implied, in any enactment, instrument or document to the old provision is, subject to its context, to be read as being or including a reference to the new provision, in relation to times, circumstances or purposes in relation to which the new provision has effect.

(6) Anything done, or having effect as if done, under (or for the purposes of or in reliance on) the old provision, and in force or effective immediately before 1st October 2015, has effect on and after 1st October 2015 as if done under (or for the purposes of or in reliance on) the new provision.

(7) Paragraphs (2) to (6) have effect in place of section 17(2) of the Interpretation Act 1978; but nothing in this Order affects any other provision of that Act.

(8) For the purposes of enforcing the Pyrotechnic Articles (Safety) Regulations 2015(1), the Consumer Protection Act 1987(2) continues to apply as if Schedule 6 to the Act were not in force.

(2)

1987 c.43; sections 27 to 30 and 33 to 34 were amended by the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), Schedule 4(1), paragraph 1.