# The Dunfermline Building Society Compensation Scheme, Resolution Fund and Third Party Compensation Order 2009, Paragraph 7: Assessment of compensation: transferred creditors


(1) The independent valuer must assess the actual treatment of transferred creditors (including any payment of compensation to be made in accordance with a determination of the independent valuer under paragraph 3).
(2) If the independent valuer considers that, in relation to any transferred creditor, the actual treatment is less favourable than the insolvency treatment, the independent valuer must determine the amount of compensation payable to the transferred creditor.
(3) The independent valuer must assess the compensation payable—
(a) by reference to the difference between the insolvency treatment and the actual treatment; and
(b) on the basis of the fair and equitable value of that difference in treatment.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111480731/schedule/2/paragraph/7 (the official version)
Page: https://openlegislation.uk/draft-dunfermline-building-society-compensation-scheme-resolution-fund-and-third-party-compensation-order-2009/schedule-2/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.