5The Scottish Ministers shall not refer the case of an existing life prisoner who was released on licence under section 3 of the 1993 Act to the High Court of Justiciary under paragraph 3 above unless—
(a)the prisoner has been recalled to prison under section 17(1) of the 1993 Act; and
(b)the Parole Board has not directed that the prisoner be released on licence immediately under section 17(4) of that Act.