The Banking Act 2009 (Mandatory Compensation Arrangements Following Bail-in) Regulations 2014

Application

3.—(1) These Regulations apply in the following cases.

(2) Case 1 is where the Bank has made a resolution instrument in accordance with section 12A(2) of the Act(1) (“Case 1”).

(3) Case 2 is where—

(a) the Bank has made a property transfer instrument in accordance with section 11(2), 12(2) or 12ZA(3) of the Act(2), and

(b) the property transfer instrument makes special bail-in provision (in accordance with section 44B(1) of the Act(3)) (“Case 2”).

(4) Case 3 is where—

(a) the Bank has made a property transfer instrument in accordance with section 11(2), 12(2) or 12ZA(3) of the Act which does not make special bail-in provision, but

(b) special bail-in provision is made (in accordance with section 44B(1) of the Act) in an associated supplemental property transfer instrument (within the meaning of section 44B(2)) (“Case 3”).

(5) Case 4 is where—

(a) the Bank has made a third-country instrument in accordance with section 89H of the Act (recognition of third-country resolution actions)(4), and

(b) either—

(i) that third-country instrument, or

(ii) any subsequent third-country instrument made under section 89I(4)(b),

makes special bail-in provision (“Case 4”).

(1)

Section 12A was inserted by the Financial Services (Banking Reform) Act 2013 (c. 33), Schedule 2, paragraph 2. It is amended by article 20 of the Bank Recovery and Resolution Order 2014.

(2)

Section 12 is amended by article 18 of the Bank Recovery and Resolution Order 2014; section 12ZA is inserted by article 19 of that Order.

(3)

Section 44B was inserted by the Financial Services (Banking Reform) Act 2013 (c. 33), Schedule 2, paragraph 5(3), and amended by article 46 of the Bank Recovery and Resolution Order 2014.

(4)

Sections 89H, 89I and 89J are inserted into the Act by article 103 of the Bank Recovery and Resolution Order 2014.