4Duties of designers

4 Duties of designers

(1)  Subject to subsections (3) and (4) , the duties imposed on a designer under section 22 of the new Act do not apply to or in relation to the designing by the designer of any plant, substance or structure (including with respect to carrying out any calculations, analysis, testing or examination or with respect to the provision of any information) if the designer commenced, or commenced and completed, designing the plant, substance or structure before the commencement day.

(2)  If –

(a) subsection (1) applies in relation to the designing of plant, a substance or a structure by a designer; and

(b) section 14 of the former Act would apply to the designing if that section were still in operation –

then –

(c) the designer must, in relation to the designing of the plant, substance or structure, comply with the relevant requirements of section 14 of the former Act as if the former Act were still in operation; and

(d) if the designer fails to comply with paragraph (c) , the designer may be prosecuted under the former Act, in relation to the designing of that plant, substance or structure, as if the former Act were still in operation.

(3)  If a designer commenced designing any plant, substance or structure before the commencement day but has not completed the design by thesecond anniversaryof the commencement day, subsection (1) ceases to apply in relation to the design of the plant, substance or structure and the designer must comply with the requirements under section 22 of the new Act in relation to the duties of a designer.

(4)  If –

(a) a designer, on or after the commencement day, carries out any calculations, analysis, testing or examination in connection with the performance of a duty under the former Act; and

(b) the designer would, if the calculations, analysis, testing or examination were carried out under the new Act, be subject to a requirement set out in section 22(4)(b) or of the new Act –