Part 1Special Resolution Regime

Chapter 5 Special cases

Building societies, &c.

84Application of Part 1: general

F1This Part applies to building societies (within the meaning of section 119 of the Building Societies Act 1986) as it applies to banks, subject to—

(a)

the provisions of the Table, and

(b)

sections F284ZA to 84D (which relate to the F3second and fourth stabilisation options ).

Section

Topic

Modification or note

F4. . .

F4. . .

F4. . .

13

Temporary public ownership

The procedure provided by section 85 has effect in place of share transfer orders.

14 to 32

Transfer of securities

The procedure provided by section 85 has effect in place of share transfer orders; and—

  1. (a)

    sections 28 and 30 do not apply, and

  2. (b)

    section 27 applies following an order under section 85 as following a share transfer order.

33

Property transfer instrument: nature

A property transfer instrument in respect of a building society may—

  1. (a)

    cancel shares in the building society;

  2. (b)

    confer rights and impose liabilities in place of cancelled shares (whether by way of actual or deemed shares in a transferee building society or by way of other rights and liabilities in relation to a transferee bank).

33 and 36

Property transfer instrument: continuity

A property transfer instrument in respect of a bank which provides for transfer to a building society may confer rights and impose liabilities by way of actual or deemed shares in the building society.

34

Property transfer instrument: effect

A property transfer instrument may, in particular, have effect without causing sections 93 to 102D of the Building Societies Act 1986 (mergers and transfers) to apply.

42

Supplemental property transfer instrument

A supplemental property transfer instrument in respect of a building society may—

  1. (a)

    cancel shares in the building society;

  2. (b)

    confer rights and impose liabilities in place of cancelled shares (whether by way of actual or deemed shares in a transferee building society or by way of other rights and liabilities in relation to a transferee bank).

45

Temporary public ownership: property transfer

(a)

Section 45 applies following an order under section 85 as following a share transfer order.

(b)

A property transfer order in respect of a building society may cancel shares in the building society.

49 to 62

Compensation

(a)

A reference to a share transfer order includes a reference to an order under section 85.

(b)

A resolution fund order may not be made under section 51(2)(b).

(c)

If and in so far as an order under section 85 provides for the issue of new deferred shares, section 51(2) shall not apply F5but the Treasury may make a third party compensation order.

63 to 75

Incidental functions

A reference to a share transfer order includes a reference to an order under section 85.