Schedule 19, paragraph 3

This paragraph applies where conduct of a person is continuing conduct. The new law applies in respect of the person’s post-commencement conduct. The new law also applies in respect of the person’s pre-commencement conduct for the purposes of enabling the taking of enforcement action under Chapter 3 or 4 of Part 3 in relation to that conduct. Where the new law applies by virtue of sub-paragraph (3), a requirement under Chapter 3 or (as the case may be) Chapter 4 may be imposed on a person in respect of the relevant infringement in relation to which the enforcement action is taken only if a requirement of a corresponding kind could have been imposed on the person under the old law (and accordingly a monetary penalty, in particular, may not be imposed on the person). In applying the new law in accordance with this paragraph in respect of a person’s post-commencement conduct, regard may be had to, and findings of fact or law may be made in respect of, the person’s pre-commencement conduct so far as necessary or appropriate for the purposes of determining any matter that falls to be determined in the application of the new law. In this paragraph— “post commencement conduct” means so much of a person’s continuing conduct as takes place on or after the commencement date; “pre-commencement conduct” means so much of a person’s continuing conduct as takes place before the commencement date.

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Source: legislation.gov.uk · retrieved 2026-07-30