sch.1-sec.2Transitional provisions

### sch.1-sec.2 Transitional provisions The provisions of the repealed Act about insurance continue to apply, with the changes prescribed by regulation under this Act, to building work started before 1 July 1992 and— the provisions continue to apply to the building work whether the work is carried out before or after the date as if the repealed Act had not been repealed; and the authority may exercise any of the powers of the former board about the insurance. Instruments of guarantee and indemnity entered into under section 31(3) of the repealed Act and in force immediately before 1 July 1992 continue to have effect, with all necessary changes and any changes prescribed by regulation under this Act, until the instruments are discharged by the authority. Without limiting subsection (3A), a reference in the instruments to the former board is taken to be a reference to the authority. The instruments guarantee the payment by the guarantors of amounts payable to the authority under— section 70 of the repealed Act because of subsection (3); and section 71 of this Act. A house purchaser’s agreement that the former board is taken to have entered into under the repealed Act continues in force for the balance of its term and all rights, duties, obligations and liabilities of the former board under the agreement are taken to be the rights, duties, obligations and liabilities of the authority. An amount paid by the former board under its obligations under section 69 of the repealed Act and not recovered at 1 July 1992— is taken to be a debt owing to the authority; and the authority has the same rights under section 71 of this Act as if the amount had been paid by the authority on a claim under the insurance scheme mentioned in that section. A direction or order for rectification of building work may be made under this Act in relation to building work, as defined in the repealed Act, carried out before 1 July 1992 by a person who was a registered builder, registered general builder or registered house builder within the meaning of the repealed Act as if references in this Act to a licensed contractor extended to the person. An order in force under section 59 of the repealed Act immediately before the commencement of part 6 is, on the commencement of that part, taken to be a direction under that part. The provisions of the repealed Act relating to building work carried out by owner-builders continue to apply, subject to any adaptations and modifications prescribed under this Act, to any such building work that had been carried out or started before the commencement of part 3 and an approval mentioned in section 53(3) of the repealed Act may be given by the authority. A proceeding for an offence against the repealed Act may, subject to the limitation of time prescribed by section 58 of the repealed Act, be brought by a person authorised by the authority, either generally or in the particular case, to bring the proceeding. A person who was, immediately before the commencement of part 3, carrying on the business of a class of building work for which a licence is required under this Act, but for which registration was not required under the repealed Act, is taken to be licensed to carry out and supervise that class of building work— until a day 6 months after the commencement of part 3 or, if another day is fixed by regulation for the purposes of this subsection in relation to the relevant class of building work, that other day; or until the day the person is granted or refused a licence under this Act; whichever is earlier. sch 1 s 2 amd 1992 No. 36 s 2 sch 1 ; 1993 No. 76 s 3 sch 1 ; 9 December 1992 RA s 38; 1994 No. 20 s 3 sch ; 1997 No. 70 s 3 (3) (sch.1-sec.2-ssec.3) The provisions of the repealed Act about insurance continue to apply, with the changes prescribed by regulation under this Act, to building work started before 1 July 1992 and— the provisions continue to apply to the building work whether the work is carried out before or after the date as if the repealed Act had not been repealed; and the authority may exercise any of the powers of the former board about the insurance. (sch.1-sec.2-ssec.3A) Instruments of guarantee and indemnity entered into under section 31(3) of the repealed Act and in force immediately before 1 July 1992 continue to have effect, with all necessary changes and any changes prescribed by regulation under this Act, until the instruments are discharged by the authority. (sch.1-sec.2-ssec.3B) Without limiting subsection (3A), a reference in the instruments to the former board is taken to be a reference to the authority. (sch.1-sec.2-ssec.3C) The instruments guarantee the payment by the guarantors of amounts payable to the authority under— section 70 of the repealed Act because of subsection (3); and section 71 of this Act. (sch.1-sec.2-ssec.3D) A house purchaser’s agreement that the former board is taken to have entered into under the repealed Act continues in force for the balance of its term and all rights, duties, obligations and liabilities of the former board under the agreement are taken to be the rights, duties, obligations and liabilities of the authority. (sch.1-sec.2-ssec.3E) An amount paid by the former board under its obligations under section 69 of the repealed Act and not recovered at 1 July 1992— is taken to be a debt owing to the authority; and the authority has the same rights under section 71 of this Act as if the amount had been paid by the authority on a claim under the insurance scheme mentioned in that section. (sch.1-sec.2-ssec.4) A direction or order for rectification of building work may be made under this Act in relation to building work, as defined in the repealed Act, carried out before 1 July 1992 by a person who was a registered builder, registered general builder or registered house builder within the meaning of the repealed Act as if references in this Act to a licensed contractor extended to the person. (sch.1-sec.2-ssec.5) An order in force under section 59 of the repealed Act immediately before the commencement of part 6 is, on the commencement of that part, taken to be a direction under that part. (sch.1-sec.2-ssec.6) The provisions of the repealed Act relating to building work carried out by owner-builders continue to apply, subject to any adaptations and modifications prescribed under this Act, to any such building work that had been carried out or started before the commencement of part 3 and an approval mentioned in section 53(3) of the repealed Act may be given by the authority. (sch.1-sec.2-ssec.7) A proceeding for an offence against the repealed Act may, subject to the limitation of time prescribed by section 58 of the repealed Act, be brought by a person authorised by the authority, either generally or in the particular case, to bring the proceeding. (sch.1-sec.2-ssec.8) A person who was, immediately before the commencement of part 3, carrying on the business of a class of building work for which a licence is required under this Act, but for which registration was not required under the repealed Act, is taken to be licensed to carry out and supervise that class of building work— until a day 6 months after the commencement of part 3 or, if another day is fixed by regulation for the purposes of this subsection in relation to the relevant class of building work, that other day; or until the day the person is granted or refused a licence under this Act; whichever is earlier. - (a) the provisions continue to apply to the building work whether the work is carried out before or after the date as if the repealed Act had not been repealed; and - (b) the authority may exercise any of the powers of the former board about the insurance. - (a) section 70 of the repealed Act because of subsection (3); and - (b) section 71 of this Act. - (a) is taken to be a debt owing to the authority; and - (b) the authority has the same rights under section 71 of this Act as if the amount had been paid by the authority on a claim under the insurance scheme mentioned in that section. - (a) until a day 6 months after the commencement of part 3 or, if another day is fixed by regulation for the purposes of this subsection in relation to the relevant class of building work, that other day; or - (b) until the day the person is granted or refused a licence under this Act;