Paragraph (2) shall apply in a case where, during the transitional period, an employer gives notice of intention to make an election with a view to the issue of a contracting-out certificate with effect from and including 6th April 1997 or such later date as the notice may specify.

The Department may treat the notice as complying with the requirements of Part II of the principal Regulations as if the notice had been given on or after 6th April 1997 in accordance with those requirements.