If—
(a) before 1 January 2003, the National Crime Authority obtained evidence of a kind referred to in section 6 (1) of the NCA (State Provisions) Act; but
(b) the National Crime Authority had not assembled and given the evidence as mentioned in that subsection before 1 January 2003;section 34 (1) applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.