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The Amendments to Law (Resolution of Dunfermline Building Society) (No. 2) Order 2009

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2009, ISBN 9780111480328

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 75(7)(b) of the Banking Act 2009, for approval by resolution of each House of Parliament.

Building Societies

Made ***

Coming into force in accordance with article 1(2)

This Order is made in exercise of the powers conferred by section 75 (as applied by section 84) and section 259(1) of the Banking Act 2009.f1

This Order is made for the purpose of enabling the powers of Part 1 of that Act to be used effectively, by amending provisions of the Dunfermline Building Society Property Transfer Instrument 2009f2 (“the Property Transfer Instrument”) made by the Bank of England in connection with the resolution of Dunfermline Building Society.

In accordance with section 75(1) of that Act, the Treasury have had regard to the special resolution objectives.f3

In accordance with section 75(3) of that Act, the Treasury consider it necessary and desirable to make this Order with retrospective effect such that the amendments have effect from the time the Property Transfer Instrument came into force, and in so doing the Treasury have had regard to the fact that it is in the public interest to avoid retrospective legislation.

Accordingly, the Treasury make the following Order:

Annotations to the whole text

Footnotes

f1

2009 c. 1.

f2

Section 75(4)(c) provides that an order under section 75 may, amongst other things, amend instruments made in exercise of stabilisation powers, such as property transfer instruments.

f3

Provided in section 4 of the Banking Act 2009.

Contents

  1. 1Citation, commencement, retrospective effect and interpretation
  2. 2Amendments to Property Transfer Instrument
  3. Signature
  4. Schedule Schedule inserted by article 2(5)
  5. Explanatory note

1Citation, commencement, retrospective effect and interpretation

(1)

This Order may be cited as the Amendments to Law (Resolution of Dunfermline Building Society) (No. 2) Order 2009.

(2)

This Order comes into force immediately on it being made, but the amendments made by article 2 (including the Schedule introduced by article 2(5)) have effect from 8 a.m. on 30th March 2009 (being the time at which the Property Transfer Instrument came into forcef1).

(3)

In this Order, “the Property Transfer Instrument” means the Dunfermline Building Society Property Transfer Instrument 2009.f2

2Amendments to Property Transfer Instrument

(1)

The Property Transfer Instrument is amended as follows.

(2)

In paragraph 2f1 (interpretation: general) for the definition of “commercial loan” substitute—

““commercial loan” means—

(a)

a loan, including a mortgage loan, made or agreed to be made by or on behalf of Dunfermline and which at the transfer time is designated in Dunfermline’s books and records with one of the reference numbers set out in the Schedule;

(b)

the loans acquired by Dunfermline on 15th April 2004 from DB UK Bank Limited (company registered number 00315841) and Morgan Grenfell (Local Authority Finance) Limited (company registered number 01672903) and identified in Dunfermline’s books and records as “Dortmund” loans;”.

(3)

In paragraph 2 omit the definition of “commercial mortgage loan”.

(4)

In paragraph 3(3)(e) omit “or commercial mortgage loans” and omit “and commercial mortgage loans” (in both places where it occurs).

(5)

At the end insert the Schedule set out in the Schedule to this Order.

Signature

Name

Name

Two of the Lords Commissioners of Her Majesty’s Treasury

*Date

Schedule inserted by article 2(5)

“SCHEDULE

COMMERCIAL LOANS: REFERENCE NUMBERS

Paragraph 2

Reference no.

Reference no.

Reference no.

Reference no.

Reference no.

20346522341797065842052892998
25844525294797073842648893552
26158525481797081845817893749
36323527351797090846473895482
87254659703797448846589895563
93068661341801470849502895954
93416688541802361850641896233
96270700037802930852414896845
105694702714803871852716897060
147923703214804649852741897736
155942723151805572853208898074
177270726737805874854727899950
178152726818805882855073900532
185051730416806641874477900966
187551737712807303874647901491
211401738280807656876518901709
227684739405807800877778902144
229504745227808431878669902306
234087758183816795879673904163
250180763918817007880973904465
274089768693818551881023904562
277142776661818950882372904571
277151780201819042882402905178
310689780707819221886378905828
313874783935819361886998905925
318213784087819654887552906867
358819787281819671887633907901
360805788481820172888150909238
364690789861824836888532909246
365734789887825751889083909998
368709790842826839889105910139
383945790869828246889121910341
427292790877828769889431910821
428205790893829854889806910899
456586791458832251889814910911
475203793621832693890111911186
477681796301839876891193912344
487511797014840564891312912671
513962797022840858892505912689
518069797031841188892661913120
913341928135940356948284956333
916706928143940917948420956422
917231928364940925948837957101
919209928691941484948985957518
919802928941941565949175957941
920401929735942251949329958867
920479931179942260949663958972
920711931543942413949752960349
921564931781944025949787960381
924032932213944084949795960756
924156933368944114950319960934
924326933503944602950785960951
924385933619944611951056961329
924393933627944645951153961701
924598933635944742952346961914
924768936715944751952630962929
926833936723944858952729967327
926841937517944891953326967335
927139937835944904953946967343
927449939188945463953954967840
927759939480946770955124970476

”

Explanatory note

(This note is not part of the Order)

This Order amends the Dunfermline Building Society Property Transfer Instrument 2009 (“the Property Transfer Instrument”), by providing a new definition of “commercial loan” (in place of the definitions of “commercial loan” and “commercial mortgage loan”). This definition is used to exclude property, rights and liabilities that would otherwise have been transferred to Nationwide Building Society by paragraph 3 of the Property Transfer Instrument.

The amendments are made with retrospective effect from the time at which the Property Transfer Instrument came into force (which was 8 a.m. on 30th March 2009: Property Transfer Instrument, paragraph 1(2)). The Property Transfer Instrument will accordingly be treated as having contained the new definition of commercial loan at the time at which it operated to transfer part of Dunfermline Building Society’s business to Nationwide Building Society under paragraph 3.