The repeal of section 52 of the CDPA and the details of the transitional arrangements have not exactly been straightforward, so the publication of a new draft order is to be welcomed in bringing the matter closer to a conclusion and providing some certainty for businesses.

Hopefully, the inclusion of a depletion period for existing stocks will mitigate some of the burdens on businesses that purchased items in good faith prior to the judicial review challenge to the 5-year transition period in the original order made in March 2015.