- Latest available (Revised)
- Original (As made)
The Capital Requirements (Amendment) (EU Exit) Regulations 2018
You are here:
- UK Statutory Instruments
- 2018 No. 1401
- Table of contents
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made).
PART 2 Amendment of secondary legislation: European Communities Act 1972
PART 3 Amendment of secondary legislation: European Union (Withdrawal) Act 2018
CHAPTER 2 Amendment of 2013 Regulations
14.Regulation 5 (capital buffers and Article 458 of the capital requirements regulation)
15.Regulations 6 (co-operation within the European System of Financial Supervision) to 17 (Duties to notify EBA and EIOPA)
16.Regulations 18 (general disclosures required of PRA and FCA) to 19 (specific disclosures required of the PRA and FCA)
17.Regulation 20 (determination of the consolidating supervisor)
18.Regulation 21 (assessment of equivalent of consolidated supervision by supervisory authorities in non-EEA states)
19.Regulations 22 (co-ordination and co-operation arrangements) to 33 (colleges of supervisors)
27.Regulation 39 (meaning of “permission” and “protected item” in this part)
CHAPTER 4 Amendment of the 2014 Regulations
34.Amendments to the Capital Requirements (Capital Buffers and Macro-prudential Measures) Regulations 2014
36.Regulation 6 (exemption for small and medium-sized investment firms)
37.Chapter 1, Part 3 (designated authority and interpretation)
42.Regulation 12 (announcement of changes to the buffer rate)
45.Regulation 15 (buffer rates for exposures outside the EEA)
48.Regulation 20 (exemption for small and medium-sized investment firms)
52.Regulation 24 (sub-categories of G-SII and corresponding buffer rates)
54.Regulation 28 (transitional provision: 1st January 2016 to 31st December 2019)
59.Regulation 34 (no requirement to maintain an O-SII buffer)
PART 4 Amendment of retained direct EU legislation
CHAPTER 1 Amendment of the Capital Requirements Regulation
68.Article 7 (derogation from the application of prudential requirements on an individual basis)
69.Article 8 (derogation from the application of liquidity requirements on an individual basis)
71.Article 10 (waiver for credit institutions permanently affiliated to a central body)
73.Article 13 (application of disclosure requirements on a consolidated basis)
74.Article 14 (application of requirements of Part Five on a consolidated basis)
75.Article 15 (derogation from the application of own funds requirements on a consolidated basis for groups of investment firms)
76.Article 17 (supervision of investment firms waived from the application of own funds requirements on a consolidated basis)
78.Article 19 (entities excluded from the scope of prudential consolidation)
80.Article 21 (joint decisions on the level of application of liquidity requirements)
83.Article 27 (capital instruments of mutual, cooperative societies, savings institutions or similar institutions in Common Equity Tier 1 items)
85.Article 29 (capital instruments issued by mutuals, cooperative societies, savings institutions and similar institutions)
86.Article 31 (capital instruments subscribed by public authorities in emergency situations)
87.Article 33 (cash flow hedges and changes in the value of own liabilities)
89.Article 38 (deduction of deferred tax assets that rely on future profitability)
90.Article 39 (tax overpayments, tax loss carry backs and deferred tax assets that do not rely on future profitability)
91.Article 49 (requirement for deduction where consolidation, supplementary supervision or institutional protection schemes are applied)
94.Article 78 (supervisory permission for reducing own funds)
96.Article 81 (minority interests that qualify for inclusion in consolidated Common Equity Tier 1 capital)
97.Article 82 (qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds)
98.Article 84 (minority interests included in consolidated Common Equity Tier 1 capital)
99.Article 85 (qualifying Tier 1 instruments included in consolidated Tier 1 capital)
100.Article 87 (qualifying own funds included in consolidated own funds)
101.Article 89 (risk weighting and prohibition of qualifying holdings outside the financial sector)
103.Article 95 (own funds requirements for investment first with limited authorisation to provide investment services)
104.Article 96 (own funds requirements for investment firms which hold initial capital)
106.Article 98 (own funds for investment firms on a consolidated basis)
107.Article 99 (reporting on own funds requirements and financial information)
111.Article 113 (calculation of risk weighted exposure amounts)
112.Article 114 (exposures to central governments or central banks)
113.Article 115 (exposures to regional governments or local authorities)
115.Article 117 (exposures to multilateral development banks)
119.Article 124 (exposures secured by mortgages on immovable property)
120.Article 125 (exposures fully and completely secured by mortgages on residential property)
121.Article 126 (exposures fully and completely secured by mortgages on commercial immovable property)
122.Article 128 (items associated with particular high risk)
124.Article 132 (exposures in the form of units or shares in CIUs)
130.Article 154 (risk weighted exposure amounts for retail exposures)
136.Article 197 (eligibility of collateral under all approaches and methods)
137.Article 199 (additional eligibility for collateral under the IRB Approach)
138.Article 201 (eligibility of protection providers under all approaches)
139.Article 202 (eligibility of protection providers under the IRB Approach which qualify for the treatment set out in Article 153(3))
140.Article 212 (requirements for other funded credit protection)
141.Article 224 (supervisory volatility adjustment under the Financial Collateral Comprehensive Method)
142.Article 227 (conditions for applying a 0% volatility adjustment under the Financial Collateral Comprehensive Method)
143.Article 229 (valuation principles for other eligible collateral under the IRB approach)
144.Article 230 (calculating risk-weighted exposures amounts and expected loss amounts for other eligible collateral under the IRB Approach)
148.Article 295 (recognition of contractual netting as risk-reducing)
149.Article 296 (recognition of contractual netting agreements)
151.Article 311 (own funds requirements for exposures to CCPs that cease to meet certain conditions)
156.Article 323 (impact of insurance and other risk transfer mechanisms)
160.Article 336 (own funds requirements for non-securitisation debt instruments)
161.Article 340 (duration-based calculation of general risk)
167.Article 377 (requirements for an internal model for correlation trading)
170.Article 391 (definition of an institution for large exposures purposes)
172.Article 396 (compliance with large exposures requirements)
180.Article 419 (currencies with constraints on the availability of liquid assets)
184.Article 424 (outflows from credit and liquidity facilities)
190.Article 432 (non-material, proprietary or confidential information)
201.Article 458 (macroprudential or systemic risk identified at the level of a Member State)
203.Article 463 (objections to regulatory technical standards)
209.Article 485 (eligibility for inclusion in Common Equity Tier 1)
210.Article 493 (transitional provisions for large exposures)
211.Article 497 (own funds requirements for exposures to CCPs)
213.Article 501 (capital requirements deduction for credit risk on exposures to SMEs)
219.Annex III (items subject to supplementary reporting of liquid assets)
CHAPTER 2 Amendment of Capital Requirements Regulation to transfer powers to the Treasury
CHAPTER 3 Amendment of Capital Requirements Regulation to transfer powers to the FCA and PRA
CHAPTER 4 Amendment of Liquidity Commission Delegated Regulation
226.Amendments to the Liquidity Commission Delegated Regulation
235.Article 16 (deposits and other funding in cooperative networks and institutional protection schemes)
237.Article 23 (additional liquidity outflows for other products and services)
243.Article 29 (outflows within a group or an institutional protection scheme)
245.Article 31 (outflows from credit and liquidity facilities)
248.Article 34 (inflows within a group or an institutional protection scheme)
249.Article 35 (grandfathering of Member State-guaranteed bank assets)
250.Article 36 (transitional provision for Member State-sponsored impaired asset management agencies)
CHAPTER 5 Amendment of G-SII Commission Delegated Regulation
Options/Help
Print Options
PrintTable of Contents
PrintThe Whole Instrument
You have chosen to open The Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Instrument as a PDF
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.