5.—(1) For the purpose of performing the duty imposed on them by Article 4, the Commissioners may make such modifications of the statutes of any qualifying institution as they consider necessary or expedient.
(2) Modifications made for the purpose of securing that the statutes of a qualifying institution comply with the requirements of Article 4(1)( a ) shall not apply in relation to a person unless—
(a)his appointment is made, or his contract of employment is entered into, on or after 20th November 1987; or
(b)he is promoted on or after that date.
(3) For the purposes of this Article a person shall be taken to be promoted on or after 20th November 1987 if (and only if) immediately before that date he is paid on a scale which provides for a maximum rate of remuneration (his former pay scale) and on or after that date the terms of his appointment, or of his contract of employment, are varied (whether with effect before or after that date) so that—
(a)his rate of remuneration is increased to a rate which exceeds the highest point on his former pay scale at the date on which the increase takes effect; or
(b)he is paid on another scale on which the highest point at the date the variation takes effect exceeds the highest point on his former pay scale at that date; or
(c)he is paid on a basis which does not provide for a maximum rate of remuneration.
(4) For the purposes of paragraph (3) references, in relation to a pay scale, to the highest point on the scale at any date are references to the maximum rate of remuneration payable at that date in accordance with the scale whether on a regular or a discretionary basis.
(5) For the purposes of this Article a person holding an office or position of any description shall not be taken to be promoted by reason only of any general variation of the terms of appointment or of contracts of employment of persons holding offices or positions of that description.
(6) Modifications such as are mentioned in paragraph (2) shall not apply in relation to a person who held an office or position at the institution in question immediately before 20th November 1987 by reason only of the fact that—
(a)he is appointed to, or employed in, a different office or position at the institution instead of his former office or position if the terms of his appointment or of his contract of employment which relate to remuneration are the same as those of his former appointment or contract of employment;
(b)he is appointed to, or employed in, an additional office or position at the institution which carries no remuneration; or
(c)he is promoted or is appointed to, or employed in, a different office or position at the institution if he is so promoted, appointed or employed only on a temporary basis for a particular purpose with an expectation that the promotion will cease to have effect, or that he will resume his former office or position, when that purpose is accomplished.
(7) Modifications made for the purpose of securing that the statutes of a qualifying institution comply with the requirements of Article 4(1)( b ) shall not apply in relation to anything done or omitted to be done before the date on which the instrument making the modifications is approved under paragraph (9).
(8) Subject to paragraphs (2) to (7), the Commissioners' powers under this Article include power to make such incidental, supplementary and transitional provision as they consider necessary or expedient.
(9) No instrument made in the exercise of the Commissioners' powers under this Article shall have effect unless it has been approved by Her Majesty in Council.