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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 July 2009 - onwards
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Article 3 Set-off and netting

(1) A partial property transfer to which this Order applies may not provide for the transfer of some, but not all, of the protected rights and liabilities between a particular person ("P") and a banking institution under a particular set-off arrangement ["Set-off arrangements" is defined in section 48(1) of the Act.], netting arrangement ["Netting arrangements" is defined in section 48(1) of the Act.] or title transfer financial collateral arrangement.

(2) A partial property transfer to which this Order applies may not include provision under the continuity powers which terminates or modifies the protected rights or liabilities between P and a banking institution.

(3) For the purposes of paragraphs (1) and (2), rights and liabilities between P and a banking institution are protected if they are rights and liabilities which either P or the banking institution is entitled to set-off or net under a set-off arrangement, netting arrangement or title transfer financial collateral arrangement

Comparing proposed amendment...