A determination of a program or scheme that was:
(a) made under paragraph 15 (5) (e) of the Financial Management and Accountability Regulations 1997 before 1 January 2011; and
(b) in effect on 1 January 2011;
is taken to be a determination made for item 3 of the table in subregulation 15 (3) of those regulations, as amended by Schedule 1, but is taken not to be a legislative instrument.