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3.—(1) This article applies where a court or tribunal is hearing any proceedings arising from a complaint (whenever presented) alleging that a person has, before 1st October 2004, committed an act which is unlawful discrimination for the purposes of any provision of Part 2 of the 1995 Act.
(2) Where this article applies, a Code of Practice referred to in article 2(1)(a) or (b) of this Order shall not have effect for the purposes of section 53A(8A) of the 1995 Act save to the extent referred to in paragraph (3).
(3) Where the proceedings arise from a complaint presented to a tribunal before, but not determined by, 1st October 2004, a Code referred to in that article shall have effect for those purposes to the extent that the Code deals with section 17A(1C) of the 1995 Act(1).
Section 17A(1C) is inserted by regulation 9 of S.I. 2003/1673 with effect from 1st October 2004. (That regulation also renumbers section 8 of the 1995 Act as section 17A.) Regulation 2(1) of the same S.I. makes transitional provision with regard to section 17A(1C) of the Act in relation to a complaint presented to an employment tribunal before, but not determined by, 1st October 2004.
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