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2.—(1) If section 194 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force on or before the day on which this Order comes into force, Schedule 2 to this Order has effect with the omission of —
(a)paragraph 16(7), and
(b)the entries in Schedule 3 relating to section 194(8)(b) and (9)(b) of the Apprenticeships, Skills, Children and Learning Act 2009.
(2) If sub-paragraph (1) does not apply, Schedule 2 to this Order has effect with the omission of—
(a)paragraphs 10(7) and 11(7), and
(b)the entries in Schedule 3 relating to—
(i)section 47A(10)(b) of SSFA 1998, and
(ii)section 21(10) of EA 2002.