PART 4Transitional provisions

Transitional provision for Part 317

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 200922 (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.