PART 4FINANCIAL SERVICES COMPENSATION SCHEME

Payment to ING to constitute payment of compensation for the purposes of the Financial Services Compensation Scheme15

For the purposes of Part 15 of the 2000 Act (the financial services compensation scheme), the COMP Sourcebook and the FEES 6 Chapter (including, without limitation, the power of the FSCS to impose levies)—

a

all payments by the FSCS to ING under article 14 shall constitute the payment of compensation to each eligible claimant under the Financial Services Compensation Scheme in accordance with their respective entitlements in respect of claims against Kaupthing for relevant protected deposits;

b

in relation to a relevant protected deposit, each eligible claimant—

i

is deemed to have made an application for compensation for the purposes of rule 3.2.1(1) of the COMP Sourcebook; and

ii

is deemed to have accepted an offer of compensation made by the FSCS and to have received payment of such compensation for the purposes of rule 11.2.1 of the COMP Sourcebook,

and, accordingly, an eligible claimant has no right to claim, and the FSCS has no obligation to pay, for a relevant protected deposit any further compensation under the Financial Services Compensation Scheme in respect of the default of Kaupthing determined by the Authority under section 6.3 of the COMP Sourcebook.