If:
(a) before the merging time, a complaint was made to the Ombudsman, or the Ombudsman began an investigation, under the Ombudsman Act 1976 in relation to action taken by the SMA; and
(b) immediately before the merging time, the Ombudsman had not finally disposed of the matter in accordance with the Ombudsman Act 1976 ;
the Ombudsman Act 1976 applies after the merging time as if that action had been taken by the ACA.