Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule 1 to the [1966 c. 31.] Criminal Appeal Act 1966, that is—
(a)with the substitution of "is under all the circumstances of the case unsafe or unsatisfactory" for the words from " is unreasonable " to " evidence " ;
(b)with the substitution of "there was a material irregularity in the course of the trial" for " on any ground there was a miscarriage of justice " ; and
(c)with the addition at the end of the following proviso—
“Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.”.