NDR Rules ELD12 and IND7

Dear all
I have been following the discussion with regard to these two 
conflicting rules
>
>       [ELD12] The 'UBL Extension' element MUST be declared as the
>       first child of the document element with xsd:minOccurs="0".
>
>       [IND7] All UBL instance documents MUST include an element
>       named "UBLVersion" as the first child of its root
>       element. The value of this element MUST match the value of
>       the xsd:version attribute of its controlling schema.
>
I am finding the re-specifying of IND7 a little tricky - the UBL 
extension element will always be the first child declared, however,
I find it tricky to say that the UBL version will be the second child 
because it will be the first child if the UBL extension element is not 
used.

Would we want something like
  [IND7] All UBL instance documents MUST include an element
       named "UBLVersion" as the first child of its root
       element, except in  the case of extension, where the 'UBL 
Extension' element is used. In the case of extension the UBLVersion 
element MUST be the second child of the document element. The value of 
this UBLVersion element MUST match the value of
       the xsd:version attribute of its controlling schema.

It seems long winded to me.

Any recommendations?

Regards
Mavis