28Provisions as to effect of repeal etc. of subordinate instruments

28 Provisions as to effect of repeal etc. of subordinate instruments (1) Where a subordinate instrument or a provision of a subordinate instrument— any subordinate instrument or provision of a subordinate instrument that had been repealed by the first-mentioned subordinate instrument or provision shall not, unless the contrary intention expressly appears, be construed as having been revived in consequence of the repeal, expiry, lapsing or ceasing to have effect of the first-mentioned subordinate instrument or provision. (2) Where a subordinate instrument or a provision of a subordinate instrument— (a) is repealed or amended; or the repeal, amendment, expiry, lapsing or ceasing to have effect of that subordinate instrument or provision shall not, unless the contrary intention expressly appears— (c) revive anything not in force or existing at the time at which the repeal, amendment, expiry, lapsing or ceasing to have effect becomes operative; (d) affect the previous operation of that subordinate instrument or provision or anything duly done or suffered under that subordinate instrument or provision; (e) affect any right, privilege, obligation or liability acquired, accrued or incurred under that subordinate instrument or provision; (f) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against that subordinate instrument or provision; or (g) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as is mentioned in paragraphs (e) and (f)— and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if that subordinate instrument or provision had not been repealed or amended or had not expired, lapsed or otherwise ceased to have effect. S. 28(2A) inserted by No. 13/2006 s. 6(3). (2A) Without limiting subsection (2), if a provision of a subordinate instrument that is of a savings or transitional nature (whether or not the subordinate instrument describes it as such) or that validates anything that is or may otherwise be invalid or that requires a reference in a subordinate instrument or Act or other instrument or document to, or that relates to, an entity or a class of entity to be construed as a reference to another entity or class of entity— the repeal, expiry, lapsing or ceasing to have effect of that provision does not, unless the contrary intention expressly appears, affect the operation of the savings or transitional provision or end the validating effect of the provision or affect the construction of that reference, as the case requires. S. 28(3) amended by No. 13/2006 s. 6(4). (3) References in subsections (1), (2) and (2A) to the repeal of a subordinate instrument or of a provision of a subordinate instrument shall be construed as including references to— (a) a repeal effected by implication; and (b) a repeal effected by abrogating or limiting the effect of the subordinate instrument or provision or excluding the application of the subordinate instrument or provision to any person, subject-matter or circumstance.