# The Banking Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) Regulations 2009, Regulation 7: Mandatory provisions – valuation principles


(1) A third party compensation order in relation to a partial property transfer must include the following provisions (subject to any necessary modifications).
(2) In making the assessment of the insolvency treatment as required under regulation 5(2), the independent valuer must determine the amount of compensation in accordance with the following principles (in addition to the principle which applies by virtue of section 57(3) of the Act)—
(a) that the banking institution in relation to which or in connection with which the partial property transfer has been made would have entered insolvency immediately before the relevant time;
(b) that the partial property transfer has not been made and that no other order or instrument under Part 1 of the Act would have been made in relation to or in connection with the banking institution (or, in appropriate cases, any of the banking institutions);
(c) that no financial assistance would have, after the relevant time, been provided by the Bank or the Treasury.

---
Source: https://www.legislation.gov.uk/uksi/2009/319/regulation/7 (the official version)
Page: https://openlegislation.uk/banking-act-2009-third-party-compensation-arrangements-for-partial-property-transfers-regulations-2009/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.