sec.406

sec.406 Particular decisions about applications claiming special need made before commencement

This section applies in relation to a decision, in effect immediately before the commencement, to approve an application made under any of the following provisions of the expired regulation— section 20(3); section 21(2); section 38(2). If the decision is to approve an application made under the expired regulation, section 20(3), the decision is taken, on the commencement, to have been made under section 129(1). If the decision is to approve an application made under the expired regulation, section 21(2)— the expired regulation, section 21(5) continues to apply in relation to the decision; and a class HC learner licence granted after the commencement under the expired regulation, section 21(5) in relation to the decision is taken to have been granted under this regulation. If the decision is to approve an application made under the expired regulation, section 38(2)— the expired regulation, section 38(8) continues to apply in relation to the decision; and a certificate given after the commencement under the expired regulation, section 38(8) in relation to the decision is taken to be a certificate given under section 144(1)(b); and on the commencement, the decision is taken to have been made under section 143(1). (sec.406-ssec.1) This section applies in relation to a decision, in effect immediately before the commencement, to approve an application made under any of the following provisions of the expired regulation— section 20(3); section 21(2); section 38(2). (sec.406-ssec.2) If the decision is to approve an application made under the expired regulation, section 20(3), the decision is taken, on the commencement, to have been made under section 129(1). (sec.406-ssec.3) If the decision is to approve an application made under the expired regulation, section 21(2)— the expired regulation, section 21(5) continues to apply in relation to the decision; and a class HC learner licence granted after the commencement under the expired regulation, section 21(5) in relation to the decision is taken to have been granted under this regulation. (sec.406-ssec.4) If the decision is to approve an application made under the expired regulation, section 38(2)— the expired regulation, section 38(8) continues to apply in relation to the decision; and a certificate given after the commencement under the expired regulation, section 38(8) in relation to the decision is taken to be a certificate given under section 144(1)(b); and on the commencement, the decision is taken to have been made under section 143(1).

• (a) section 20(3);
• (b) section 21(2);
• (c) section 38(2).
• (a) the expired regulation, section 21(5) continues to apply in relation to the decision; and
• (b) a class HC learner licence granted after the commencement under the expired regulation, section 21(5) in relation to the decision is taken to have been granted under this regulation.
• (a) the expired regulation, section 38(8) continues to apply in relation to the decision; and
• (b) a certificate given after the commencement under the expired regulation, section 38(8) in relation to the decision is taken to be a certificate given under section 144(1)(b); and
• (c) on the commencement, the decision is taken to have been made under section 143(1).