sch.2-sec.43Invalid Rules

sch.2-sec.43 Invalid Rules

If the Court orders (by declaration or otherwise) that a Rule is invalid, the order of the Court does not— revive anything not in force or existing at the time of the order of the Court; or affect the previous operation of the Rule or anything suffered, done or begun under the Rule; or affect a right, privilege or liability acquired, accrued or incurred under the Rule; or affect a penalty arising because of a breach of the Rule; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty. A penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced as if the Rule had not been ordered by the Court as invalid. (sch.2-sec.43-ssec.1) If the Court orders (by declaration or otherwise) that a Rule is invalid, the order of the Court does not— revive anything not in force or existing at the time of the order of the Court; or affect the previous operation of the Rule or anything suffered, done or begun under the Rule; or affect a right, privilege or liability acquired, accrued or incurred under the Rule; or affect a penalty arising because of a breach of the Rule; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty. (sch.2-sec.43-ssec.2) A penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced as if the Rule had not been ordered by the Court as invalid.

• (a) revive anything not in force or existing at the time of the order of the Court; or
• (b) affect the previous operation of the Rule or anything suffered, done or begun under the Rule; or
• (c) affect a right, privilege or liability acquired, accrued or incurred under the Rule; or
• (d) affect a penalty arising because of a breach of the Rule; or
• (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.