sec.320BEffect of particular notices given before the commencement

sec.320B Effect of particular notices given before the commencement

This section applies if, before the commencement, an authorised person gave a notice to a person that purported to— be given under pre-amended section 228 ; and require the person to attend before the authorised person at a stated time and place to answer questions. The notice has effect, and is taken to have had effect since it was given, to the same extent as it would have if— amended section 228 were in force when the notice was given; and the notice were given under that section. However, to remove any doubt, it is declared that the person is not taken to have committed an offence under section 229 or 229A by failing to do a thing mentioned in section 229A(1)(a) to (d) before the commencement. Without limiting subsection (2)— information obtained as a result of the giving of the notice is taken to have been as lawfully obtained by the authorised person under this Act as it would have been in the circumstances mentioned in subsection (2)(a) and (b); and any decision made or other action taken by the health ombudsman in reliance on the information, before or after the commencement, is taken to be as lawful as it would be in the circumstances mentioned in subsection (2)(a) and (b). In this section— amended section 228 means section 228 as in force immediately after the commencement. information includes a document. pre-amended section 228 means section 228 as in force from time to time before the commencement. s 320B ins 2015 No. 24 s 16 (sec.320B-ssec.1) This section applies if, before the commencement, an authorised person gave a notice to a person that purported to— be given under pre-amended section 228 ; and require the person to attend before the authorised person at a stated time and place to answer questions. (sec.320B-ssec.2) The notice has effect, and is taken to have had effect since it was given, to the same extent as it would have if— amended section 228 were in force when the notice was given; and the notice were given under that section. (sec.320B-ssec.3) However, to remove any doubt, it is declared that the person is not taken to have committed an offence under section 229 or 229A by failing to do a thing mentioned in section 229A(1)(a) to (d) before the commencement. (sec.320B-ssec.4) Without limiting subsection (2)— information obtained as a result of the giving of the notice is taken to have been as lawfully obtained by the authorised person under this Act as it would have been in the circumstances mentioned in subsection (2)(a) and (b); and any decision made or other action taken by the health ombudsman in reliance on the information, before or after the commencement, is taken to be as lawful as it would be in the circumstances mentioned in subsection (2)(a) and (b). (sec.320B-ssec.5) In this section— amended section 228 means section 228 as in force immediately after the commencement. information includes a document. pre-amended section 228 means section 228 as in force from time to time before the commencement.