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FAIR TRADING ACT 2010 - SECT 52

FAIR TRADING ACT 2010 - SECT 52

52 .         Transitional provisions for codes of practice prescribed before 1 Jan 2011

        (1)         Regulations made under the Fair Trading Act 1987 section 84 prescribing a code of practice in accordance with section 43(1) of that Act and that were in force immediately before the commencement of this section continue in force after that commencement as if they were made under section 45, but nothing in section 45(2) and (3) applies in relation to those regulations.

        (2)         However, in the case of regulations prescribing a code of practice that first took effect at least 3 years before the commencement of this section, those regulations do not continue in force under subsection (1) unless, within the period of 3 years beginning on the date on which that code of practice first took effect, a review, in accordance with the Fair Trading Act 1987 section 42, has been undertaken.

        (3)         Where regulations (other than regulations to which subsection (2) applies) continue in force under subsection (1), the regulations expire at the close of the last day of the period of 3 years beginning on the date on which the code of practice prescribed by the regulations first took effect unless, within that period —

            (a)         the Commissioner undertakes a review of the code of practice; and

            (b)         in undertaking the review, the Commissioner follows the consultation procedures set out in section 44.

        (4)         Regulations made under the Fair Trading Act 1987 section 84 prescribing an interim code of practice in accordance with section 43(2) of that Act and that were in force immediately before the commencement of this section continue in force after that commencement as if they were made under section 46.