If—
(a) before 1 January 2003, the National Crime Authority obtained evidence of a kind referred to in the NCA (Territory Provisions) Act, section 6 (1); but
(b) the National Crime Authority had not assembled and given the evidence as mentioned in that subsection before 1 January 2003;
section 37 (1) (Exercising functions) applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.