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In an an attempt to develop a work around to the problem listed above it seems that even if the move command works correctly it leaves any references messed up.

I decided to do the date stamping after the move as this was all working script. If I used the references that had been set before the move the date stamp was added to the wrong action in the first open section. I had to resort to the following line :
repeat with oneRow in (every row of last child of second child of original whose state is checked and has subtopics of it is false)

which seems to be working.