Application3.
(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 M1 (“Case 1”).
(3)
Case 2 is where—
(a)
the Bank has made a property transfer instrument in accordance with section 11(2), 12(2)F1, 12ZA(3) or 44D(2) of the Act M2, and
(b)
the property transfer instrument makes special bail-in provision (in accordance with section 44B(1) of the Act M3) (“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
(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) M4, 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”).