National Security and Investment Act 2021

62Transitional and saving provision in relation to the Enterprise Act 2002U.K.

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(1)Nothing in this Act has effect in relation to anything that took place before 12 November 2020.

(2)Subsections (3) and (4) apply in relation to events which constitute a trigger event described in section 2(4), unless any action has been taken under this Act in relation to the events.

(3)If, disregarding the effect of any amendment made by this Act to the Enterprise Act 2002, the Secretary of State could, in relation to the events—

(a)give an intervention notice under section 42(2) of that Act,

(b)give a special intervention notice under section 59(2) of that Act, or

(c)give a European intervention notice under section 67(2) of that Act,

the Secretary of State may give the notice on or after the day on which this section comes into force.

(4)If any such notice is given in relation to events to which this section applies—

(a)before the day on which this section comes into force, or

(b)by virtue of subsection (3), on or after the day on which this section comes into force,

nothing in this Act has effect in relation to the events (and, accordingly, the Enterprise Act 2002 continues to have effect in relation to the events, disregarding the effect of any amendment made by this Act to that Act.)

(5)Regulations under section 66(4)(b) may make further provision for the purposes of this section.