2. Where, in the case referred to in paragraph 1 above, a relevant agreement makes provision different from sub-paragraph (a) or (b) of that paragraph—E+W+S
(a)neither section 11 of the Agricultural Wages Act 1948 M1 nor section 11 of the Agricultural Wages (Scotland) Act 1949 M2 shall apply to that provision; and
(b)an employer giving effect to that provision shall not thereby be taken to have failed to comply with the requirements of an agricultural wages order.