# The Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009, Article 2: Application of this Order

Extent: E+W+S+N.I.

(1) This Order applies in the following cases.
(2) Case 1 is where a partial property transfer has been made by the Bank in accordance with section 11(2) , 12(2) or 12ZA(3) of the Act.
(3) Case 2 is where—
(a) the Bank has made a property transfer instrument in accordance with section 11(2) , 12(2) or 12ZA(3) of the Act (whether or not that instrument is a partial property transfer); and
(b) a property transfer instrument under section 42, 43 or 44 of the Act has been made by the Bank which is a partial property transfer.
(4) Case 3 is where—
(a) the Treasury have made a share transfer order in accordance with section 13(2) of the Act ...; and
(b) a property transfer instrument has been made by the Treasury under section 45 or 46 of the Act ... which by virtue of section 45(5)(b) or 46(5)(b) of the Act is to be treated as a partial property transfer.
(4A) Case 4 is where—
(a) the Bank has made a resolution instrument in accordance with section 12A(2) of the Act (bail-in option), and
(b) a property transfer instrument has been made under section 41A(2) (transfer of property subsequent to resolution instrument), 42 (supplemental instruments) or 44A (bail in: reverse property transfer) of the Act which is a partial property transfer.
(4B) Case 5 is where—
(a) the Bank has made a third-country instrument in accordance with section 89H of the Act (recognition of third-country resolution actions), and
(b) either—
(i) that third-country instrument or
(ii) any further third-country instrument made under section 89I(4)(b),
makes provision which would otherwise be made in a property transfer instrument and which, if made in a property transfer instrument, would be a partial property transfer.
(4C) Case 6 is where—
(a) the Bank has made a share transfer instrument in accordance with section 12(2) of the Act; and
(b) a property transfer instrument has been made by the Bank in accordance with section 44D(2) (bridge bank: supplemental property transfer powers) or section 44E(2) (bridge bank: supplemental reverse property transfer powers) of the Act which is a partial property transfer.
(5) For the purposes of this Order, a property transfer instrument or order which purports to transfer all of the property, rights and liabilities of a banking institution shall be treated as having done so effectively (and so shall not be treated as a partial property transfer), notwithstanding the possibility that any of the property, rights or liabilities are foreign property and may not have been effectively transferred by the property transfer instrument or order or by virtue of steps taken under section 39 of the Act.
(6) This Order does not apply in the case of a partial property transfer made under Part 1 of the Act as applied by section 89B of the Act.

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Source: https://www.legislation.gov.uk/uksi/2009/322/article/2 (the official version)
Page: https://openlegislation.uk/banking-act-2009-restriction-of-partial-property-transfers-order-2009/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.