| |
Chapter 4
Transitional provision relating to Dumping at Sea Acts 1996 to 2009
|
|
|
Transitional provision (Part 3).
|
38.— (1) An application to the Minister for a permit under section 5 of the Dumping at Sea Act 1996 which was not determined by the Minister before the commencement date shall be treated as an application to the Agency under that section.
|
|
| |
(2) A permit granted under section 5 of the Dumping at Sea Act 1996 and in force immediately before the commencement date shall continue in force and may be dealt with by the Agency as if granted under that section as amended by this Act.
|
|
| |
(3) A person appointed before the passing of this Act as an authorised officer pursuant to section 6 of the Dumping at Sea Act 1996 (including any person to whom subsection (10) of that section relates) shall, where such appointment is in force upon such passing, continue to be an authorised officer. Without prejudice to any other form of termination as an authorised officer duly exercised, a person to whom this paragraph relates shall continue to be an authorised officer for the period to which the appointment relates or, in the case of an officer of the Minister for Agriculture, Fisheries and Food until terminated earlier by that Minister or the Agency.
|
|
| |
(4) Where, immediately before the passing of this Act, any legal proceedings are pending in any court or tribunal and the Minister for Agriculture, Fisheries and Food is a party to the proceedings then the name of the Agency shall be substituted in the proceedings for that of the Minister for Agriculture, Fisheries and Food.
|
