8.— (1) Where in respect of a particular public servant or class or group of public servants the Minister is satisfied that—

(a) exceptional circumstances exist (because of some particular aspect or condition of their employment, office or position) in respect of such public servant, class or group and a substantial inequity would thereby arise, or

(b) any award under an arbitration agreement would, but for section 7, result in the amendment of an applicable pay scale,

and there is in the circumstances a necessity for a distinction from other public servants or from other classes or groups of public servants, as the case may be, then the Minister, if he or she considers it to be just and equitable in all the circumstances to do so, may by direction—

(i) exempt that public servant, class or group from the operation of section 7, either entirely or to such extent as the Minister considers appropriate, or

(ii) modify the operation of section 7 to permit the awarding of increments in such manner as the Minister thinks fit,

and the provisions of section 7 shall be read subject to any such direction.

(2) In this section “public servant” has the meaning it has in the Act of 2010.