(1) This article applies where a complaint had been determined before commencement under the building societies scheme.

(2) Where, at commencement -

(a) a case had been stated with respect to that determination for the opinion of the High Court or Court of Session under subsections (5) to (7) of section 84 of the Building Societies Act 1986 [1986 c. 53. Subsection (5) was amended by the Building Societies Act 1997 (c. 32), Sch. 7, para 36.], and no decision had been reached on that case, or

(b) the determination was capable of being subject to the stating of a case under those subsections,

notwithstanding any repeal of those subsections they continue to apply as if they provided for the Court to direct that the complaint be dealt with under the new scheme as a relevant existing complaint.