Part 3General
16Commencement
P11
The preceding provisions of this Act, other than sections 1, 2 and 3, shall come into force in accordance with provision made by order of the Secretary of State.
2
An order under subsection (1)—
a
may make provision generally or only for specified purposes,
b
may make different provision for different purposes,
c
may make transitional, consequential or incidental provision, and
d
shall be made by statutory instrument.
3
Section 3 shall be treated as having always had effect.
4
But the section shall have no effect in relation to—
a
a claim which is settled before 3rd May 2006 (whether or not legal proceedings in relation to the claim have been instituted), or
b
legal proceedings which are determined before that date.
5
Where a claim is settled on or after that date and before the date on which this Act is passed, a party to the settlement may apply to a relevant court to have the settlement varied; and—
a
a court is a relevant court for that purpose if it had, or would have had, jurisdiction to determine the claim by way of legal proceedings,
b
an application shall be brought as an application in, or by way of, proceedings on the claim, and
c
a court to which an application is made shall vary the settlement to such extent (if any) as appears appropriate to reflect the effect of section 3.
6
Where legal proceedings are determined on or after that date and before the date on which this Act is passed, a party to the proceedings may apply to the court to vary the determination; and—
a
“the court” means the court which determined the proceedings,
b
the application shall be treated as an application in the proceedings, and
c
the court shall vary the determination to such extent (if any) as appears appropriate to reflect the effect of section 3.