PART 4Transitional provisions

Transitional provision for Part 3

17.—(1) Part 3 of these Regulations does not have effect in relation to an investment bank which is in special administration on the date on which these Regulations come into force.

(2) For the purpose of this regulation an investment bank is in special administration on that date if the appointment of the administrator took effect before that date under—

(a)a special administration order made under regulation 7 of the Investment Bank Special Administration Regulations 2011 (“the principal Regulations”);

(b)a special administration (bank insolvency) order made under section 97(1) of the Banking Act 2009(1) (as applied by paragraph 6 of Schedule 1 to the principal Regulations); or

(c)a special administration (bank administration) order made under section 144 of the Banking Act 2009 (as applied by paragraph 6 of Schedule 2 to the principal Regulations).

(3) Where paragraph (2)(b) or (c) applies to an investment bank which is a partnership, paragraph 6 of Schedule 1 to the principal Regulations or paragraph 6 of Schedule 2 to those Regulations (as the case may be) must be read with paragraph 3(a) of Schedule 4 to those Regulations.