5. No power to pay remuneration above rate determined in accordance with section 2, etc.
(1) [deleted]
(2) If a public service body pays remuneration to a public servant, in respect of a period falling between 1 January 2010 and the date on which the Public Service Pay Act 2021 comes into operation, at a rate higher than that provided for by the appropriate relevant provision, as taken to have been amended in accordance with section 2 or 2A, then -
(a) the public servant shall hold the overpayment in trust for the public service body, and
(b) the public service body shall recover the amount of the overpayment from the public servant, either directly or by a deduction taken from remuneration subsequently payable to that public servant or otherwise.
(3) Subsection (2) shall not be taken as limiting the liability under statute of any person to account for such overpayment.