In this Part "market charge" means a charge, whether fixed or floating, granted—
Where a charge is granted partly for purposes specified in subsection (1)(a), (aa), (b) , (ba) or (c) and partly for other purposes, it is a "market charge" so far as it has effect for the specified purposes.
In subsection (1)—
"short term certificate" means an instrument issued by The Stock Exchange undertaking to procure the transfer of property of a value and description specified in the instrument to or to the order of the person to whom the instrument is issued or his endorsee or to a person acting on behalf of either of them and also undertaking to make appropriate payments in cash, in the event that the obligation to procure the transfer of property cannot be discharged in whole or in part;
"specified securities" means securities for the time being specified in the list in Schedule 1 to the Stock Transfer Act 1982, and includes any right to such securities; and
"transfer", in relation to any such securities or right, means a transfer of the beneficial interest.
The Secretary of State may by regulations make further provision as to the charges granted in favour of any such person as is mentioned in subsection (1)(a), (b) , (ba) or (c) which are to be treated as "market charges" for the purposes of this Part; and the regulations may add to, amend or repeal the provisions of subsections (1) to (3) above.
The regulations may provide that a charge shall or shall not be treated as a market charge if or to the extent that it secures obligations of a specified description, is a charge over property of a specified description or contains provisions of a specified description.
Before making regulations under this section in relation to charges granted in favour of a person within subsection (1)(c), the Secretary of State and the Treasury shall consult the Bank of England.