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National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)

General Provisions

35. Transitional provisions

 

(1) For purposes of this section, "effective date" means the date on which the National Regulator is established as a public entity.

 

(2) As from the effective date:
(a) All assets, liabilities, rights and obligations of the regulatory department of SABS are transferred to the National Regulator;
(b) all employees of SABS employed in the regulatory department and administrative staff responsible for administrative support with regard to compulsory specifications are transferred to the National Regulator in terms of section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995);
(c) all notices, designations and certificates issued in terms of the Standards Act, 1993 (Act No. 29 of 1993), in respect of any mailer dealt with in this Act are deemed to have been issued in terms of this Act; and
(d) all regulations promulgated in terms of the Standards Act, 1993 (Act No. 29 of 1993), in respect of any matter dealt with in this Act are deemed to have been issued in terms of this Act.

 

(3) For the purposes of the application of subsection (2), the Minister may with the concurrence of the Minister of Finance, make a binding written determination—
(a) that an asset, liability, right or obligation is an asset, liability, right or obligation of the regulatory department of the SABS;
(b) that an employee of the SABS is employed in the regulatory department of the SABS.

 

(4) A compulsory specification referred to in section 22 of the Standards Act, 1993 (Act No. 29 of 1993), which is in force in terms of the provisions of that Act immediately before the commencement of this Act, is deemed to be a compulsory specification declared in terms of this Act.

 

(5) If a compulsory specification contemplated in subsection (4) is amended in terms of this Act, any reference to that compulsory specification must be construed as a reference to the compulsory specification as amended.

 

(6) Any notice issued in terms of section 22(6)(a) to (c) of the Standards Act, 1993 (Act No. 29 of 1993), which is in force at the commencement of this Act, is deemed to be a notice issued in terms of section 13(6) of this Act.