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Continuation in force of certain statutory instruments.
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8.— (1) Where a European act (in this subsection referred to as a “ repealed act ”), to which effect or further effect has been given, in whole or in part, by a statutory instrument, is repealed and replaced by another European act (in this subsection referred to as a “ codify ing act ”) without any material modification of the repealed act, that statutory instrument shall, upon and after the repeal of the repealed act, have effect as if it had been made for the purpose of giving effect or further effect, in whole or in part (as the case may be), to the codifying act, and accordingly—
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(a) references in that statutory instrument to the repealed act shall be construed as references to the codifying act, and
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(b) references in that statutory instrument to a provision of the repealed act shall be construed as references to the provision of the codifying act that corresponds, in accordance with the codifying act, to the first-mentioned provision.
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(2) Where, before the passing of this Act, a European act (in this subsection referred to as a “ repealed act ”), to which effect or further effect was given, in whole or in part, by a statutory instrument, was repealed and replaced by another European act (in this subsection referred to as a “ codifying act ”) without any material modification of the repealed act, that statutory instrument shall, from the date of the repeal of the repealed act, be deemed to have been made for the purpose of giving effect or further effect, in whole or in part (as the case may be), to the codifying act, and accordingly shall have effect, and be deemed from that date to have had effect, subject to—
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(a) references in that statutory instrument to the repealed act being construed as references to the codifying act, and
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(b) references in that statutory instrument to a provision of the repealed act being construed as references to the provision of the codifying act that corresponds, in accordance with the codifying act, to the first-mentioned provision.
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(3) In this section—
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“ European act ” means—
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(a) a provision of the treaties governing the European Union, or
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(b) an act or provision of an act, adopted by an institution of the European Union, an institution of the European Communities or any other body competent under those treaties;
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“ statutory instrument ” means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by—
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(a) an Act of the Oireachtas (including the Act of 1972), or
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(b) a statute that was in force immediately before the date of the coming into force of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution.
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