4.  In subsection (2)—

(a) after “complying with this section” there shall be inserted “and in the absence of an electronic communication in relation to which the relevant condition is satisfied”; and

(b) for the words from “that” to the end there shall be substituted

• “that—

  (a)

  the entry to which the charge relates was ordered in accordance with this section,

  (b)

  a proper note of the agreement has been duly signed, or

  (c)

  the requirements set out in subsection (1)(c) above have been met.”.