5. In Article 438 (orders imposing restrictions on shares in connection with investigations of companies and their affairs)—
(a)after paragraph (1) insert the following paragraph—
“(1A) If the Department is satisfied that an order under paragraph (1) may unfairly affect the rights of third parties in respect of shares then the Department, for the purpose of protecting such rights and subject to such terms as it thinks fit, may direct that such acts by such persons and for such purposes as may be set out in the order, shall not constitute a breach of the restrictions of Part XVI.”;
(b)at the end of paragraph (2) insert “save that paragraph (1A) shall not so apply.”.