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

(b)

special bail-in provision is made (in accordance with section 44B(1) of the Act) in F2a supplemental property transfer instrument F3referred to in section 44B(2)(b) or in a property transfer instrument under section 43(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) 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”).