Control of Exports Act 2023
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Transitional provisions | ||
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74. (1) Where, immediately before the coming into operation of section 8 , an application for a licence was made in accordance with the Regulations of 2021 or an application for an authorisation was made in accordance with the Order of 2009 and— | ||
(a) a decision has not been made by the Minister in relation to the application before that coming into operation, the application shall be taken to be an application under this Act, or | ||
(b) a decision has been made to grant the licence or authorisation but notice of the decision has not been given to the applicant, the decision shall be taken to be a decision in accordance with this Act and the licence or authorisation shall be taken to be granted, subject to any conditions referred to in the decision, under this Act. | ||
(2) Where a relevant activity, in relation to which a licence has been granted under the Regulations of 2021 or an authorisation has been granted under the Order of 2009 before the coming into operation of section 8 is not carried out, or in relation to a global authorisation granted under the Order of 2009, is not fully carried out before that coming into operation, the licence or authorisation shall on the giving of notice in that behalf to the Minister by the person to whom the licence or authorisation was granted, in such form or manner as may be directed by the Minister, be taken to be an authorisation granted subject to the same, if any, conditions under this Act, without the requirement to apply for an authorisation under Part 5 . | ||
(3) Where an appeal is made to the Minister under and in accordance with the Regulations of 2018 before the coming into operation of section 8 and the appeal has not been determined under Regulation 7 of those Regulations— | ||
(a) the appeal shall be taken to be an appeal under section 43 , and | ||
(b) Regulations 5 and 6 of the Regulations of 2018 shall continue to apply to the decision the subject of the appeal until the determination of the appeal under Part 5 . |