In the 1991 Act, insert after section 28H—
(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.”
Commencement Information
I1S. 9 partly in force; s. 9 not in force at Royal Assent see s. 30(4); s. 9 in force for certain purposes at 22.1.1996 by S.I. 1995/3262, art. 2(2), Sch. Pt. II; s. 9 in force for certain purposes at 14.10.1996 by S.I. 1996/2630, art. 2(1), Sch. Pt. I