Schedule 2 Modifications to the 2004 Regulations

After the definition of “liquidator” insert—

• ““Northern Rock plc” means Northern Rock plc, company registered number 03273685;”.

After paragraph (4) insert—

“(4A)

Immediately after the Northern Rock plc Transfer Order 2009 has been made, the Treasury must inform the Authority—

(a)

that the Order has been made; and

(b)

in general terms, of the practical effects that the Order may have.”.

After paragraph (1) insert—

“(1A)

Where the Authority receives the notification made in accordance with regulation 9(4A), the Authority must as soon as is practicable inform the relevant person—

(a)

that the Northern Rock plc Transfer Order 2009 has been made; and

(b)

in general terms, of the possible effect that Order may have on the business of Northern Rock plc.”.

After Regulation 12 insert—

“Publication of the Northern Rock plc Transfer Order 2009

12A

(1)

As soon as is reasonably practicable after the Northern Rock plc Transfer Order 2009 has been made, the Treasury must publish, or cause to be published, in the Official Journal of the European Union and in 2 national newspapers in each EEA State in which Northern Rock plc has a branch the following information—

(a)

a summary of the terms of that Order;

(b)

the statutory provisions in accordance with which that Order was made;

(c)

the time frame for making an application for permission to challenge by way of judicial review the decision to make that Order; and

(d)

the address of the court competent to consider an application for permission to challenge that decision.

(2)

The information to be published in accordance with paragraph (1) shall be—

(a)

in the case of the Official Journal of the European Union, in the official language or languages of each EEA State in which Northern Rock plc has a branch;

(b)

in the case of the national newspapers of each EEA State in which Northern Rock plc has a branch, in the official language or languages of that EEA State.”.

At the end of paragraph (1)(c), omit “or”.

In paragraph (1)(d) after “2004” insert—

“; or

(e)

where the Northern Rock plc Transfer Order 2009 has been made.”.

In paragraph (1)(b) for “or order” substitute “order or statutory instrument”.

After paragraph (2) insert—

“(2A)

In this Part, references to the opening or adoption of a relevant reorganisation means, in the case of the Northern Rock plc Transfer Order 2009, the date at which the Order is made and references to the time of an opening must be construed accordingly”.