(a)as providing for modifications the effect of which is achieved through the operation, by virtue of the Agreement, of section 2(1) of the 1972 Act [F1as at immediately before [F2IP completion day]], F3...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and any instrument made for such a purpose under section 2(2) of the 1972 Act or under any other enactment may exclude the operation of subsection (1) above.

(4)Subsection (1) above shall not apply so as to require a modification if that modification, or a corresponding modification limited so as to relate only to the [F4European Union],—

(a)could have been made, by Act passed before the date on which the Agreement comes into force, for a purpose mentioned in section 2(2)(a) or (b) of the 1972 Act, but

(b)was not made (by that or other means).

[F5(4A)This section is subject to any amendment, repeal, revocation or other modification of [F6assimilated] law on or after [F7IP completion day].]

(5)In this section “relevant provision” means—

(a)a provision of an Act passed, or of any subordinate legislation made, before the date on which the Agreement comes into force;

(b)a provision of any other instrument made before that date by a person as against whom the effect of a directive issued by [F8an] [F8EU] institution (if such a directive were relevant) might be relied upon in proceedings to which he was a party.