After section 104 of the Principal Act , the following section is inserted in Part 11:

105.     Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009

(1)  In this section –

former Act means this Act as in force immediately before the transition day;

Regulator means the Regulator within the meaning of the former Act;

transition day means the day on which the Economic Regulator Act 2009 commences.

(2)  If a person was authorised by the Regulator or its delegate under section 9 of the former Act to exercise the powers of an authorised officer and is an authorised officer within the meaning of the former Act immediately before the transition day –

(a) that person is taken to have been authorised under section 9 of this Act by the Secretary to exercise the powers of an authorised officer; and

(b) the certificate of authority issued to the person by the Regulator or its delegate under section 9 of the former Act is taken to have been issued by the Secretary under section 9 of this Act.

(3)  Except as otherwise provided by this section or regulations made under section 103  –

(a) a delegation, declaration, requirement, order, direction, acceptance, determination, decision, approval, agreement, recommendation, recall, other decision, notice, certificate or other act made, given, done or omitted to be done by the Regulator before the transition day is taken, if appropriate, to have been made, given, done or omitted to be done by the Secretary; and

(b) an application or scheme made or submitted to the Regulator under the former Act that has not been determined before the transition day is taken to have been made to the Secretary under this Act; and

(c) a fee fixed by the Regulator under section 62 of the former Act is taken to have been fixed by the Secretary under section 62 of this Act; and

(d) a notice, report, other document or information provided to the Regulator is taken, if appropriate, to have been provided to the Secretary; and

(e) a reference to the Regulator in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) is taken, if appropriate, to be or include a reference to the Secretary or the Crown, as appropriate; and

(f) a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) made by the Regulator and in force immediately before the transition day is taken, if appropriate, to have been made by the Secretary.

(4)  A certificate apparently issued under the authority of the Regulator under section 90(3) of the former Act continues to be admissible in legal proceedings as evidence of the facts certified in it.

(5)  On and after the transition day, the following provisions apply except as otherwise provided by this section or the regulations made under section 103 :

(a) a legal proceeding or other proceeding, including (without limitation) an investigation or review, that could have been instituted by or against the Regulator immediately before the transition day may be instituted by or against the Crown or the Secretary, as appropriate;

(b) a legal or other proceeding, including (without limitation) an investigation or review, instituted by or against the Regulator that is pending immediately before the transition day may be continued by or against the Crown or the Secretary, as appropriate;

(c) a document relating to a legal or other proceeding referred to in paragraph (b) served on or by the Regulator before the transition day is taken to have been served on or by the Crown or Secretary, as appropriate;

(d) a judgment or order of a court obtained by or against the Regulator before the transition day may be enforced by or against the Crown or the Secretary;

(e) a reference to the Regulator in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) is taken to be or to include a reference to the Crown or the Secretary, as appropriate.