4. After regulation 17 of the 2004 Regulations there shall be inserted—
17A.—(1) A requirement in any negotiated agreement or any part of such an agreement made before 6th April 2006 to inform and consult employees or their representatives about a listed change shall cease to apply once—
(a)the employer is under a duty under any of regulations 7(3) and 11 to 13 of the Pension Schemes Regulations; and
(b)he has notified the information and consultation representatives or, where he must consult employees directly, the employees in writing that he will be complying with his duty under the provisions of the Pension Schemes Regulations referred to in sub-paragraph (a), instead of his obligations under the negotiated agreement, provided that the notification is given on each occasion on which the employer has become or is about to become subject to the duty.
(2) For the purposes of this regulation “listed change” has the meaning given by regulation 6(2) of the Pension Schemes Regulations.”.