Part 1Special Resolution Regime

Chapter 3 Special resolution action

Compensation

F160AFurther mandatory provision: bail-in provision

(1)

The Treasury may make regulations about compensation arrangements in the case of—

(a)

resolution instruments under section 12A(2) and supplemental resolution instruments under section 48U(2), and

(b)

instruments (made under any provision) that include special bail-in provision.

(2)

Regulations may—

(a)

require a resolution fund order, a compensation scheme order, a third party compensation order or a bail-in compensation order to include provision of a specified kind or to specified effect;

(b)

make provision that is to be treated as forming part of any such order (whether (i) generally, (ii) only if applied, (iii) unless disapplied, or (iv) subject to express modification).

(3)

Regulations may provide for whether compensation is to be paid, and if so what amount is to be paid, to be determined by reference to any factors or combination of factors; in particular, the regulations may provide for entitlement—

(a)

to depend in part upon the amounts which are or may be payable under a resolution fund order;

(b)

to be contingent upon the occurrence or non-occurrence of specified events;

(c)

to be determined wholly or partly by an independent valuer (within the meaning of sections 54 to 56) appointed in accordance with a compensation scheme order or bail-in compensation order.

(4)

Regulations may make provision about payment including, in particular, provision for payments—

(a)

on account subject to terms and conditions;

(b)

by instalment.

(5)

Regulations—

(a)

are to be made by statutory instrument, and

(b)

may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.