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11. Where an earner has been employed in an employment during a period in which employment of that description was contracted-out but such employment was not (apart from this regulation) contracted out in relation to him, and the Department is satisfied—
(a)that it was not contracted out in relation to him solely because he was not during that period a member of the relevant scheme, and
(b)that he was not during that period a member of that scheme solely because of inadvertence,
it may determine that that earner was in contracted-out employment by reference to that scheme during that period.
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