N.I.Operation of enactments

29Effect of substituting provisions.N.I.

(1 )F1Where an enactment repeals or revokes and re-enacts, with or without modification, any[F2 statutory] provision, a reference in any other[F2 statutory] provision or in any statutory instrument or statutory document to the provision so repealed or revoked shall without prejudice to the operation of sub-sections (2) and (3) be construed as a reference to the provision as re-enacted.

(2)Where an enactment repeals or revokes a[F2 statutory] provision and substitutes another enactment therefor by way of amendment, revision or consolidation—

(a)all officers and persons acting under that provision shall continue to act, as if appointed under the enactment so substituted;

(b)every bond and security given by a person appointed under that provision shall remain in force and all offices, books, papers and things used or made under that provision shall continue to be used as theretofore so far as consistent with the enactment so substituted;

(c)all proceedings taken under that provision shall be prosecuted and continued under and in conformity with the enactment so substituted, so far as consistently may be;

(d)in the recovery or enforcement of penalties and forfeitures incurred, and in the enforcement of rights existing or accruing under that provision or in any other proceedings under that provision, the procedure established by the enactment so substituted shall be followed so far as it can be adapted; and

(e)where any penalty, forfeiture or punishment is reduced or mitigated by any of the provisions of the enactment so substituted, the penalty, forfeiture or punishment, if imposed or adjudged after such repeal or revocation, shall be reduced or mitigated accordingly.

(3)Without prejudice to sub-section (2), where an enactment repeals or revokes a[F2 statutory] provision and substitutes another enactment therefor by way of amendment, revision or consolidation—

(a )F1all statutory instruments or statutory documents made, issued, confirmed or granted under that[F2 statutory] provision and all decisions, authorisations, directions, consents, applications, requests or things made, issued, given or done thereunder shall, in so far as they are in force at the commencement of the enactment so substituted, and are not inconsistent therewith, have the like effect, and the like proceedings may be had thereon and in respect thereof as if they had been made, issued, confirmed or granted or made, issued, given or done under the corresponding provision of the enactment so substituted; and

(b)any reference to that[F2 statutory] provision in any unrepealed or unrevoked[F2 statutory] provision shall, in relation to any subsequent transaction, matter or thing, be construed as a reference to so much of the enactment so substituted as relates to the same subject-matter as that provision; and, if nothing in the enactment so substituted relates to the same subject-matter, that provision shall stand good, and be read and construed as unrepealed or unrevoked in so far, and in so far only, as is necessary to support, maintain or give effect to such unrepealed or unrevoked[F2 statutory] provision.

F1mod. by 1989 NI 6

F2SI 1999/663

Modifications etc. (not altering text)