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58c. 37
Health and Safety at Work etc. Act 1974

Part II

periods of continuous employment by such a body or in that service) for the purpose of securing that employment as an employment medical adviser by an authority other than the Secretary of State is similarly treated for those purposes.

An order under this subsection may be varied or revoked by a subsequent order thereunder.

(4) References to the chief employment medical adviser or a deputy chief employment medical adviser in any provision of an enactment or instrument made under an enactment shall be read as references to a person appointed for the purposes of that provision by the authority responsible for maintaining the employment medical advisory service.

(5) The following provisions of the 1972 c. 28.Employment Medical Advisory Service Act 1972 (which are superseded by the preceding provisions of this Part or rendered unnecessary by provisions contained in Part I), namely sections 1 and 6 and Schedule 1, shall cease to have effect; but—

(a) in so far as anything done under or by virtue of the said section 1 or Schedule 1 could have been done under or by virtue of a corresponding provision of Part I or this Part, it shall not be invalidated by the repeal of that section and Schedule by this Act but shall have effect as if done under or by virtue of that corresponding provision; and
(b) any order made under the said section 6 which is in force immediately before the repeal of that section by this Act shall remain in force notwithstanding that repeal, but may be revoked or varied by regulations under section 43(2) or 57, as if it were an instrument containing regulations made under section 43(2) or 57, as the case may require.

(6) Where any Act (whether passed before, or in the same Session as, this Act) or any document refers, either expressly or by implication, to or to any enactment contained in any of the provisions of the said Act of 1972 which are mentioned in the preceding subsection, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

(7) Nothing in subsection (5) or (6) above shall be taken as prejudicing the operation of section 38 of the 1889 c. 63.Interpretation Act 1889 (which relates to the effect of repeals).