Assessment of equivalence of consolidated supervision by supervisory authorities in [third countries] U.K.
This section has no associated Explanatory Memorandum
21.—(1) In this regulation, a “relevant institution” is an institution which satisfies the following conditions—
(a)the institution is authorised by the PRA ...
(b)the parent undertaking of the institution is an institution, financial holding company or mixed financial holding company whose head office is not located in [the United Kingdom];
(c)the institution is not subject to supervision on a consolidated basis [by the ... PRA];
(d)the PRA ... would (but for paragraph (4)) be responsible for supervision of the institution on a consolidated basis; and
(e)either—
(i)the parent undertaking of the institution, or any regulated entity established in the [United Kingdom] which is a member of the same group as the institution, has requested the assessment referred to in paragraph (2) be carried out; or
(ii)the PRA ... has decided on its own initiative to carry out that assessment.
[(2) The PRA must assess whether a relevant institution is subject to supervision on a consolidated basis by a supervisory authority of a country outside the United Kingdom which is equivalent to the standard of supervision on a consolidated basis applied by the PRA in accordance with Directive 2013/36/EU UK law, the capital requirements regulation and CRR rules.]
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where the [PRA] concludes that a relevant institution is not subject to equivalent supervision in accordance with paragraph (2), the [PRA] may apply—
(a)the requirements of [Directive 2013/36/EU UK law][, the capital requirements regulation and CRR rules] to the institution, amended as necessary; or
(b)other appropriate supervisory techniques, which must be designed to achieve the objectives of supervision on a consolidated basis ...
(5) The other appropriate supervisory techniques referred to in paragraph (4) may include a requirement on the institution to establish a financial holding company or mixed financial holding company with its head office in [the United Kingdom], so that supervision on a consolidated basis may be applied in relation to the consolidated situation of that holding company.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .