Section 16A of the Ministers and Secretaries (Amendment) Act 2011 is amended -

(a) in subsection (10), by the substitution of "Subject to subsection (10A), this section" for "This section", and

(b) by the insertion of the following subsection after subsection (10):

"(10A) Where a contract of employment is amended in accordance with section 4(2) of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 -

(a) by the amendment or substitution of an existing term or condition of the contract, or

(b) by the insertion of a new term or condition in the contract,

this section shall not apply to the term or condition as so amended, substituted or inserted, as the case may be.".