PART 3MEMBERS, MEETINGS, DIRECTORS AND PROCEEDINGS

Shadow directorship13

1

While Bradford & Bingley is wholly owned by the Treasury, for the purposes of the provisions listed in Schedule 1 to this Order, none of the persons listed in paragraph (3) shall be regarded as a shadow director of or (unless otherwise appointed as a director) a person discharging managerial responsibilities of a relevant undertaking.

2

For the purposes of the definition of “director” in section 417 of the 2000 Act (definitions), while Bradford & Bingley is wholly owned by the Treasury, none of the persons listed in paragraph (3) shall be regarded as a person in accordance with whose directions or instructions (not being advice given in a professional capacity) the directors of a relevant undertaking are accustomed to act.

3

The persons are—

a

a Minister of the Crown;

b

the Treasury;

c

the Treasury Solicitor;

d

the Bank;

e

persons—

i

employed by or under; or

ii

acting on behalf of,

any of the persons specified in sub-paragraphs (a) to (d).