The application of any requirement or condition to any person applying to fill a vacancy for employment where the requirement or condition is one that the person applying to fill the vacancy has not been in employment for a specified period of time is not be virtue of Article 3(1)(b)F2 or 3(1A) unlawful under any provision of Parts II and IV.

The Commission shall, on request, advise any person who proposes to apply any requirement or condition described in paragraph (1).

In paragraph (1) “specified” means specified by the person applying the requirement or condition in question.