(1) This article applies where any provision in Part 9A of FSMA imposes on either regulator, in connection with the making or issuing of any rules or other instrument or document under Part 5 of FSMA or under this Order -

(a) a requirement (however expressed) to publish a draft of the rules, instrument or other document with or without other material and to invite representations about it, or

(b) a requirement (however expressed) to consult particular persons.

(2) The requirement may be satisfied by things done (wholly or in part) -

(a) before the commencement of this Order, or

(b) where the rules, instrument or document relate (wholly or in part) to a person to whom this Order applies as a result of any amendment to this Order, before the date on which that amendment comes into force.