(1) The Authority may, before commencement, designate any existing provision which appears to it to be necessary or expedient so long as that provision could be included in a rule made by the Authority by virtue of a provision of or made under the Act.

(2) An existing provision which is designated by the Authority under this article has effect after commencement, with such modifications (if any) as may be made under article 10, as if it were a rule made by the Authority under the Act; such a provision is referred to in this Part as a "continued provision".

(3) Paragraph (2) applies in spite of any repeal, revocation or dis-application of the existing provision which occurs on commencement.

(4) To designate an existing provision, the Authority must -

(a) make an instrument in writing ("the designation instrument") identifying the provision in the manner required by paragraph (5);

(b) specify in the designation instrument the provision of, or made under, the Act under which the existing provision will be treated as having effect;