12‑25 Variation of approved export progr12‑25 Variation of approved export program

12‑25 Variation of approved export program

Application to approve variation made but not decided before commencement time (1) If: (a) the holder of an approved export program had made an application to the Secretary under subsection 1A.38(1) of the old Export Control (Animals) Order to approve a variation of the approved export program; and (b) no decision on the application had been made before the commencement time; then, after the commencement time, the application is taken to be an application made under subsection 9‑36(1) of this instrument. Approval of variation given before commencement time to take effect after commencement time (2) If: (a) the Secretary had approved a variation of an approved export program under subsection 1A.38(5) of the old Export Control (Animals) Order; and (b) the Secretary had given the holder of the approved export program a written notice under subsection 1A.38(8) of that Order; and (c) the variation is to take effect after the commencement time; then the variation takes effect after the commencement time in accordance with the notice. Variation notice given by Secretary before commencement time but notice not complied with before commencement time (3) If: (a) the Secretary had given a written notice to the holder of an approved export program under subsection 1A.39(1) of the old Export Control (Animals) Order requiring the holder to vary the approved export program; and (b) the holder had not complied with the notice before the commencement time; and (c) the period specified in the notice for complying with the notice had not ended before the commencement time; then the notice has effect after the commencement time as if it had been given under subsection 9‑37(1) of this instrument.