Acts done under statutory authorityN.I.
78.—(1) [F1Subject to paragraph (1A)] Nothing in this Order renders unlawful anything done in order to comply with a requirement—
(a)of primary legislation passed or made before the date on which this Order is made;
(b)of an instrument made or approved (whether before or after that date) under primary legislation passed or made before that date.
[F1(1A) Paragraph (1) does not apply to an act which is unlawful by virtue of a provision referred to in Article 3(2B).]
(2) In paragraph (1) “primary legislation” means—
(a)an Act of Parliament; or
(b)Northern Ireland legislation, as defined in section 24(5) of the [1978 c. 30.] Interpretation Act 1978.
(3) Where primary legislation passed or made on or after the date on which this Order is made re-enacts (with or without modification) a provision of primary legislation passed or made before that date, paragraph (1) shall apply to that provision as re-enacted as if it continued to be contained in primary legislation passed or made before that date.
F1SR 2003/520