The Northern Rock plc Transfer Order 2009

Transitional provision: third party services or facilities

14.—(1) In this article—

“a Class A service” means any service in respect of which the following conditions are met—

(a)

Condition 1 is that the service is performed or provided by any person under any relevant arrangement;

(b)

Condition 2 is that the service is performed for or provided to BCo as from, or at any time after, the transfer time;

(c)

Condition 3 is that BCo requires the service to perform a service for or provide a service to ACo, or any group undertaking of ACo, under any arrangement;

“a Class A facility” means any facility in respect of which the following conditions are met—

(a)

Condition 1 is that the facility is provided by any person under any relevant arrangement;

(b)

Condition 2 is that the facility is provided to BCo as from, or at any time after, the transfer time;

(c)

Condition 3 is that BCo requires the facility to provide a service or facility to, or to perform a service for, ACo, or any group undertaking of ACo, under any arrangement;

“a Class B service” means any service in respect of which the following conditions are met—

(a)

Condition 1 is that the service is performed or provided by any person under any relevant arrangement;

(b)

Condition 2 is that the service is performed for or provided to ACo as from, or at any time after, the transfer time;

(c)

Condition 3 is that ACo requires the service to perform a service for or provide a service to BCo under any arrangement;

“a Class B facility” means any facility in respect of which the following conditions are met—

(a)

Condition 1 is that the facility is provided by any person under any relevant arrangement;

(b)

Condition 2 is that the facility is provided to ACo as from, or at any time after, the transfer time;

(c)

Condition 3 is that ACo requires the facility to provide a service or facility to, or to perform a service for, BCo under any arrangement.

(2) In this Order, “the relevant transitional period” means the period starting with the transfer time and ending with the end of 31st December 2010.

(3) Paragraphs (4) to (9) apply during the relevant transitional period.

(4) BCo may—

(a) use any Class A service or Class A facility for the benefit (in whole or in part) of ACo or any group undertaking of ACo, or

(b) provide for ACo, or any group undertaking, of ACo to enjoy the benefit (in whole or in part) of any Class A service or Class A facility.

(5) Any person performing or providing a Class A service, on notice in writing by BCo, must perform the service for or provide the service to ACo, or any group undertaking of ACo, directly to the extent specified in the notice.

(6) Any person providing a Class A facility, on notice in writing by BCo, must provide the facility to ACo, or any group undertaking of ACo, directly to the extent specified in the notice.

(7) ACo may—

(a) use any Class B service or Class B facility for the benefit (in whole or in part) of BCo, or

(b) provide for BCo to enjoy the benefit (in whole or in part) of any Class B service or Class B facility.

(8) Any person performing or providing a Class B service, on notice in writing by ACo, must perform the service for or provide the service to BCo directly to the extent specified in the notice.

(9) Any person providing a Class B facility, on notice in writing by ACo, must provide the facility to BCo directly to the extent specified in the notice.