Where–
(a) it is a condition of a residence contract entered into with a non-owner resident that—
(i) the amount of the in-going contribution is determined with reference to factors other than or in addition to the market value of the residence right; and
(ii) the amount of the in-going contribution is accordingly less than the market value of the residence right; and
(b) the residence contract provides for a refundable in-going contribution to be calculated with reference to the amount that will be paid as an in-going contribution by the next resident of the subject premises—
the clauses set out in Schedule 4 are incorporated into the residence contract.