3.—(1) The amendments to Article 105 of the 1995 Order (made by paragraph 3 of Schedule 3 to the 1999 Order) shall apply in relation to a notice given pursuant to that Article where a trade union –
(a)takes the steps or any of the steps referred to in Article 105 of the 1995 Order in relation to the notice mentioned in paragraph (1)(a) of that Article after 12th October 2002; or
(b)takes the steps referred to in Article 105 of the 1995 Order in relation to that notice before 13th October 2002 and reasonably believes that the notice will be received by the employer after 12th October 2002.
(2) The amendments to Articles 110, 111 and 129, substitution of Article 109 and insertion of Articles 109A and 115B of the 1995 Order (made by paragraphs 5, 6, 7 and 9 of Schedule 3 to the 1999 Order) shall have effect in relation to all ballots in respect of which the notice required by Article 105 of the 1995 Order is subject to the amendments made to that Article by the 1999 Order.
(3) Subject to paragraph (4), the amendments to Articles 104, 108, 117, 118 and insertion of Article 115A of the 1995 Order (made by paragraphs 2, 4, 8, 10 and 11 of Schedule 3 to the 1999 Order) shall have effect only in relation to a ballot where the date of the ballot falls after 12th October 2002.
(4) Article 118 (7B) of the 1995 Order (inserted by paragraph 11 of Schedule 3 to the 1999 Order) shall have effect in relation to agreements concluded after 12th October 2002.