(1)  Section 10 applies in relation to a surrogacy arrangement (other than a commercial surrogacy arrangement) made before the commencement of this section even though the arrangement was, under the Surrogacy Contracts Act 1993 , illegal and void.

(2)  A person is not liable to be prosecuted for an offence against the Surrogacy Contracts Act 1993 , other than an offence for which the person could have, under this Act, been found guilty, if this Act had been in force at the relevant time.