5 Modification of paragraph 2 of the Schedule
1 In the circumstances prescribed in paragraph (2) below, paragraph 2 of the Schedule shall apply with the modifications prescribed in paragraph (3) below.
2 The circumstances prescribed in this paragraph are circumstances where a pension attributable to a transfer payment is provided for an employee in respect of service with a former employer of his other than a relevant employer.
3 The modifications prescribed in this paragraph are that —
(a) in paragraph 2 of the Schedule at the end of sub-paragaph (2) there shall be added the words —

“(excluding any pension attributable to a transfer payment provided for the employee in respect of service with a former employer of his other than a relevant employer)”

; and
(b) after that sub-paragraph there shall be added the following sub-paragraph —

“3 In this paragraph a “relevant employer” has the same meaning as in the Occupational Pension Schemes (Transitional Provisions) Regulations 1988.”

.