(1) Where -

(a) before commencement, a person had failed to comply with an obligation to serve a notice of a kind to which article 3 applies;

(b) no preliminary notice has been served in respect of that failure by the Regulator;

(c) the period for objection allowed in respect of that failure has not expired before commencement; and

(d) the interest in relation to which the obligation referred to in sub-paragraph (a) arose is an interest which would, if the person had proposed to acquire it after commencement, have given rise to an obligation to notify under section 178(1),

the Authority may exercise the power in section 187(1) or (2) as if the person had failed to comply with the obligation to notify under section 178(1).