Application for a departure direction
I19 Transitional provisions.
In the 1991 Act, insert after section 28H—
28I Transitional provisions.
1
In the case of an application for a departure direction relating to a maintenance assessment which was made before the coming into force of section 28A, the period within which the application must be made shall be such period as may be prescribed.
2
The Secretary of State may by regulations make provision for applications for departure directions to be dealt with according to an order determined in accordance with the regulations.
3
The regulations may, for example, provide for—
a
applications relating to prescribed descriptions of maintenance assessment, or
b
prescribed descriptions of application,
to be dealt with before applications relating to other prescribed descriptions of assessment or (as the case may be) other prescribed descriptions of application.
4
The Secretary of State may by regulations make provision—
a
enabling applications for departure directions made before the coming into force of section 28A to be considered even though that section is not in force;
b
for the determination of any such application as if section 28A and the other provisions of this Act relating to departure directions were in force; and
c
as to the effect of any departure direction given before the coming into force of section 28A.
5
Regulations under section 28G(4) may not provide for a departure direction to have effect from a date earlier than that on which that section came into force.