Section 4 of the Act of 2009 is amended -

(a) by the substitution of the following subsection for subsection (2):

"(2) An amendment of a relevant provision amended by section 2 or 2A that would have the effect of increasing the remuneration payable to a public servant may only be made, and shall have such effect -

(a) where -

(i) the amendment is made by the Minister, including where it is made for a purpose referred to in paragraph (b), and

(ii) the relevant provision is not -

(I) a provision of an Act of the Oireachtas, or

(II) a relevant provision that is made under an Act of the Oireachtas, save where that relevant provision is so made by the Minister,

or

(b) where -

(i) the amendment is made by a person (other than the Minister) -

(I) for the purposes of complying with any order of a court in respect of which there is no stay in being, or

(II) for the purposes of complying with any enforceable determination of the Labour Court in respect of which there is no stay in being,

and

(ii) the relevant provision is not -