sec.249Enforceable undertaking preserved

### sec.249 Enforceable undertaking preserved Subsection (2) applies to an electrical safety undertaking— made under part 3 before its amendment by the amending Act (the amendment ); and in force immediately before the amendment. Part 3 continues to apply in relation to the electrical safety undertaking as if the amendment had not happened. However, for subsection (2), sections 51, 53 and 54, as they existed before the amendment, apply as if a reference to the chief executive were a reference to the regulator. Also, the undertaking continues in force, in relation to an act or omission of the identified person happening after the amendment, as if it were an undertaking accepted by the regulator under section 49(1) to the extent to which the future behaviour assurance is material to compliance with this Act after the amendment. Subsection (4) does not apply to an act or omission that constitutes a category 1 offence. Subsection (7) and (8) apply if, immediately before the amendment, the chief executive— has received an undertaking under section 49A; but has not made a decision whether to accept the undertaking under section 50. The regulator must decide whether or not to accept the undertaking. If the regulator accepts the undertaking, subsections (2) to (5) and (9) and (11) apply to the undertaking. For subsection (4), a reference— in the undertaking to the alleged contravention; or in the future behaviour assurance to a contravention of this Act as it existed before the amendment; is taken to include a reference to a contravention of this Act that corresponds to those contraventions. Paragraph (a) is relevant to the continued operation of section 51 as it existed before the amendment. Paragraph (b) is relevant if future behaviour is expressed in terms of contraventions of particular sections. Despite subsections (1) to (9), the regulator may accept an electrical safety undertaking under part 3 as amended for a contravention of this Act that happened before the amendment. In this section— future behaviour assurance is the assurance about future behaviour from the identified person included in the electrical safety undertaking. identified person means the identified person for the undertaking. s 249 ins 2011 No. 18 s 389 (sec.249-ssec.1) Subsection (2) applies to an electrical safety undertaking— made under part 3 before its amendment by the amending Act (the amendment ); and in force immediately before the amendment. (sec.249-ssec.2) Part 3 continues to apply in relation to the electrical safety undertaking as if the amendment had not happened. (sec.249-ssec.3) However, for subsection (2), sections 51, 53 and 54, as they existed before the amendment, apply as if a reference to the chief executive were a reference to the regulator. (sec.249-ssec.4) Also, the undertaking continues in force, in relation to an act or omission of the identified person happening after the amendment, as if it were an undertaking accepted by the regulator under section 49(1) to the extent to which the future behaviour assurance is material to compliance with this Act after the amendment. (sec.249-ssec.5) Subsection (4) does not apply to an act or omission that constitutes a category 1 offence. (sec.249-ssec.6) Subsection (7) and (8) apply if, immediately before the amendment, the chief executive— has received an undertaking under section 49A; but has not made a decision whether to accept the undertaking under section 50. (sec.249-ssec.7) The regulator must decide whether or not to accept the undertaking. (sec.249-ssec.8) If the regulator accepts the undertaking, subsections (2) to (5) and (9) and (11) apply to the undertaking. (sec.249-ssec.9) For subsection (4), a reference— in the undertaking to the alleged contravention; or in the future behaviour assurance to a contravention of this Act as it existed before the amendment; is taken to include a reference to a contravention of this Act that corresponds to those contraventions. Paragraph (a) is relevant to the continued operation of section 51 as it existed before the amendment. Paragraph (b) is relevant if future behaviour is expressed in terms of contraventions of particular sections. (sec.249-ssec.10) Despite subsections (1) to (9), the regulator may accept an electrical safety undertaking under part 3 as amended for a contravention of this Act that happened before the amendment. (sec.249-ssec.11) In this section— future behaviour assurance is the assurance about future behaviour from the identified person included in the electrical safety undertaking. identified person means the identified person for the undertaking. - (a) made under part 3 before its amendment by the amending Act (the amendment ); and - (b) in force immediately before the amendment. - (a) has received an undertaking under section 49A; but - (b) has not made a decision whether to accept the undertaking under section 50. - (a) in the undertaking to the alleged contravention; or - (b) in the future behaviour assurance to a contravention of this Act as it existed before the amendment;