(1) For the purposes of this Part, a case shall, subject to the next succeeding subsection, be deemed to be a case to which a licence scheme applies if, in accordance with a licence scheme for the time being in operation, a licence would be granted in that case.
(2) For the purposes of this Part, where, in accordance with a licence scheme:
(a) the licences that would be granted would be subject to conditions by virtue of which particular matters would be excepted from the licences; and
(b) a case relates to one or more matters falling within such an exception;
that case shall be deemed not to be a case to which the scheme applies.