(1) This section applies if, under the former user-pays provisions, a user-pays fee (the previous fee) was payable by a member entity under that Act for a quarter (the earlier quarter) ending on or before the first changeover quarter under section 85.
(2) If the member entity is a scheme member under this Act, the previous fee is, for working out the scheme member's user-pays fee under section 69, taken to be its user-pays fee for the earlier quarter.
(3) If, under the Energy Assets (Restructuring and Disposal) Act 2006, a scheme member acquired all or part of the business of the member entity, the energy ombudsman may have regard to the previous fee in preparing a forecast under section 69 for the member.