3.—(1) Nothing in article 2 of this Order, in so far as it relates to Part 1 of Schedule 6 to the Act or to the repeal made by Part 7 of Schedule 7 to the Act in section 7(2) of the Sexual Offences (Amendment) Act 1992(1) (“the 1992 Act”) shall have effect where before 1st October 2001:

(a)an allegation has been made which would (apart from this paragraph) be within section 1(1) of the 1992 Act, or

(b)a person is accused of an offence which would (apart from this paragraph) be an offence to which that Act applies.

(2) Nothing in article 2 of this Order, in so far as it relates to paragraphs 37 and 38 of Schedule 6 to the Act, shall have effect in relation to any proceedings which are referred to in a subsection amended by either of those paragraphs and which commenced before 1st October 2001.