(1) Where the conditions set out in paragraph (2) are met and the statement includes the information under paragraph 3(b) of Schedule 1, regulation 9(2) shall apply to that statement as if the words "Where the statement is not the first statement given under section 77A of the 1974 Act in relation to the agreements to which the agreement to aggregate relates" were omitted.
(2) Those conditions are -
(a) a statement to which this regulation applies is the first given on or after 1 October 2008;
(b) the creditor and the debtor have entered into an agreement to aggregate;
(c) the agreement to aggregate was entered into prior to 1 October 2008; and
(d) regulation 9 applies to that agreement to aggregate.