(1) Sections 35, 36, 38 and 40 of the Act of 2001 are repealed.

(2) Notwithstanding subsection (1), section 40 of the Act of 2001 shall continue to apply where -

(a) the determination referred to in section 40(1) of the Act of 2001 was made prior to the commencement of this section, and

(b) a request is made under section 40(2) of the Act of 2001 in respect of that determination in accordance with subsection (2A) of that section.

(3) Where a person may appeal against a determination under section 40 of the Act of 2001, that person shall not be entitled to appeal against the determination under section 39A of the Act of 2001.