(1) This section applies if—
(a) a person applied to the discrimination tribunal under the pre-amendment Discrimination Act, section 89 to strike out a complaint; and
(b) immediately before commencement day—
(i) the application had not been withdrawn; and
(ii) the tribunal had not decided the application.
(2) The application is taken to have been made under the Discrimination Act 1991 , section 79 (Application to strike out complaint).