3.—(1) To the extent provided for by paragraph (2) an employer is excused from paying a penalty under section 15 of the 2006 Act if —
(a)the employee or prospective employee produces to the employer any of the documents or combinations of documents described in list A in the Schedule to this Order; and
(b)the employer complies with the requirements set out in article 6 of this order.
(2) An employer will be excused under this article from paying a penalty under section 15 of the 2006 Act—
(a)for the duration of the employment, if the document or combination of documents is produced prior to the commencement of employment; or
(b)subject to article 5, for the remainder of the employment, if the document or combination of documents is produced after the employment has commenced.