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122.—(1) Article 27A (dispute resolution) is amended as follows.
(2) In paragraph (1)(b), for the words from “imposed” to “Directive” substitute “which satisfies the requirement in paragraph (1A)”.
(3) After paragraph (1) insert—
“(1A) The requirement in this paragraph is that either—
(a)the obligation is an obligation imposed on the holder before exit day pursuant to the Directive, including such an obligation as modified on or after exit day, or
(b)both the following apply—
(i)the obligation was imposed on the holder on or after exit day, and
(ii)the obligation is such that, if it had been imposed immediately before exit day, it would have been an obligation imposed pursuant to the Directive;
and in this paragraph “the holder” means the holder mentioned in paragraph (1)(a).”.
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