EEA2 issued before McCarthy EEA4 transitional arrangements ?

[Rosehip]

I was born in the UK but moved to the Republic of Ireland as a child. I lived and worked there for 18 years but moved to the UK to attend University and have lived in the UK since 1998.
My non EU husband received an EEA2 in February 2009 on the basis of my Irish Passport (which I received due to having Irish parents) I applied for British Passport in 2010 and currently have both.
As my husband already had an EEA2 before the McCarthy amendment does that affect the EEA4 application, as I am obviously now dual citizen? I have phoned UKBA but they weren’t able to give me a definite answer

Can he still apply for an EEA4 based on the transitional arrangements of the amendment?

Where a person has applied on the basis that they are a dual British citizen/EEA national on or after 16 July 2012 then the application must be refused unless the person either: Meets the provisions of regulation 9 (which gives effect to the ECJ case of Surinder Singh or
1. Comes within the scope of the transitional arrangements set out below.
The provisions of the transitional arrangement apply where a person:

Has a right to reside in the UK on 16 July 2012 and on 16 October 2012 either:
i. Holds a valid registration certificate or residence card issued under the 2006 Regulations

[Jambo]

You can enjoy from the transitional arrangements. You will have to prove you have been exercising treaty rights in the UK for 5 years in order for your husband to obtain Permanent Residence status.