(1) Where -

(a) a resolution instrument makes provision under section 84A(5) of the Banking Act 2009 in relation to a building society;

(b) by virtue of the conversion under section 84A(5)(a) of the Banking Act 2009 or the transfer under section 84A(5)(b) of that Act the successor company acquires property or undertaking which is subject to a charge; and

(c) the charge is of a kind which would, if it had been created by the company after the acquisition of the property or undertaking, have been capable of being registered under section 859A of the Companies Act 2006 [Sections 859A and 859C were inserted by S.I. 2013/600.] (charges created by a company),

section 859C(2) and (3) of the Companies Act 2006 (charges existing on property or undertaking acquired) applies in relation to that charge.

(2) Despite regulation 6 of the Companies Act 2006 (Amendment of Part 25) Regulations 2013 [S.I. 2013/600.], paragraph (1) applies regardless of the date of creation of the charge.