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Statutory Instruments Act 1992
sec.20CContinuance etc. of statutory instruments made under amended provisions
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### sec.20C Continuance etc. of statutory instruments made under amended provisions
This section applies if—
a provision of a law expressly or impliedly authorises or requires a statutory instrument to be made for a purpose; and
the provision is amended; and
under the amended provision—
a type of instrument is no longer specified for the purpose; or
another type of instrument is specified for the purpose; or
the same type of instrument is specified for the purpose.
If subsection (1) (c) (i) applies, a statutory instrument that was in force immediately before the commencement of the amendment—
continues to have effect after the commencement; and
may be amended or repealed by an instrument of the type specified in the provision before the amendment.
If subsection (1) (c) (ii) applies, a statutory instrument that was in force immediately before the commencement of the amendment—
continues to have effect after the commencement; and
is taken to be an instrument of the type specified in the amended provision.
If subsection (1) (c) (iii) applies, a statutory instrument that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been made under the amended provision.
In this section—
amend includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law.
s 20C ins 1993 No. 32 s 3 sch 1
(sec.20C-ssec.1) This section applies if— a provision of a law expressly or impliedly authorises or requires a statutory instrument to be made for a purpose; and the provision is amended; and under the amended provision— a type of instrument is no longer specified for the purpose; or another type of instrument is specified for the purpose; or the same type of instrument is specified for the purpose.
(sec.20C-ssec.2) If subsection (1) (c) (i) applies, a statutory instrument that was in force immediately before the commencement of the amendment— continues to have effect after the commencement; and may be amended or repealed by an instrument of the type specified in the provision before the amendment.
(sec.20C-ssec.3) If subsection (1) (c) (ii) applies, a statutory instrument that was in force immediately before the commencement of the amendment— continues to have effect after the commencement; and is taken to be an instrument of the type specified in the amended provision.
(sec.20C-ssec.4) If subsection (1) (c) (iii) applies, a statutory instrument that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been made under the amended provision.
(sec.20C-ssec.5) In this section— amend includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law.
- (a) a provision of a law expressly or impliedly authorises or requires a statutory instrument to be made for a purpose; and
- (b) the provision is amended; and
- (c) under the amended provision— (i) a type of instrument is no longer specified for the purpose; or (ii) another type of instrument is specified for the purpose; or (iii) the same type of instrument is specified for the purpose.
- (i) a type of instrument is no longer specified for the purpose; or
- (ii) another type of instrument is specified for the purpose; or
- (iii) the same type of instrument is specified for the purpose.
- (i) a type of instrument is no longer specified for the purpose; or
- (ii) another type of instrument is specified for the purpose; or
- (iii) the same type of instrument is specified for the purpose.
- (a) continues to have effect after the commencement; and
- (b) may be amended or repealed by an instrument of the type specified in the provision before the amendment.
- (a) continues to have effect after the commencement; and
- (b) is taken to be an instrument of the type specified in the amended provision.