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Paragraph 12 Balancing payments

Original text. Later amendments are not shown.

(1)

Where the independent valuer has determined that the Treasury must make interim payments in accordance with paragraph 11, the independent valuer must determine what balancing payments, if any, are appropriate to ensure that each pre-transfer creditor receives the relevant amount of compensation, if any, determined to be payable in accordance with paragraph 7(1) or 8(2) (and no more than that amount).

(2)

The independent valuer must make a determination under sub-paragraph (1) as soon as is reasonably practicable after the assessment required by paragraph 7(1) or 8(2) has been made.

(3)

Where the independent valuer determines that it is necessary for—

(a)

the Treasury to make a balancing payment to a pre-transfer creditor, the independent valuer must notify in writing the Treasury of—

(i)

the need to make that payment, and

(ii)

the amount of the payment to be made;

(b)

the pre-transfer creditor to make a balancing payment to the Treasury, the independent valuer must notify in writing—

(i)

the pre-transfer creditor of —

(aa)

the need to make that payment, and

(bb)

the amount of the payment to be made;

(ii)

the Treasury of the entitlement to receive that payment.