5.—(1) This paragraph applies in a case where—
(a)notice of dismissal is given on or after 1st October 2006 and is for a period shorter than—
(i)the period required by the contract of employment; or
(ii)if longer, the period required by Article 118 of the 1996 Order; and
(b)the period of notice expires on a date falling before 1st April 2007.
(2) Where this paragraph applies—
(a)the duty to notify in accordance with paragraph 2 of Schedule 5 does not apply;
(b)the duty to notify in accordance with paragraph 4 of Schedule 5 applies as if—
(i)the employer had failed to notify in accordance with paragraph 2 of that Schedule; and
(ii)the duty was one to notify at any time before the expiry date;
(c)a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
(i)before any notification given in accordance with paragraph 4 of Schedule 5; or
(ii)after such notification and—
(aa)where practicable, at least four weeks before the expiry date; or
(bb)where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.