Other transactions, arrangements and agreementsE+W+S
3[F4Where a banking company, or a company which is the holding company of a credit institution, takes advantage of the provisions of paragraph 2 of this Part of this Schedule for the purposes of its annual accounts for a financial year, then, in preparing those accounts, it shall comply with the provisions of Part III of Schedule 6 (other transactions, arrangements and agreements) only in relation to a transaction, arrangement or agreement made by that banking company or (as the case may be) credit institution for—]
(a)a person who was a director of the company preparing the accounts, or who was connected with such a director, or
(b)a person who was a chief executive or manager ([F5within the meaning of the Financial Services and Markets Act 2000]) of that company or its holding company.
(2)References in that Part to officers of the company shall be construed accordingly as including references to such persons.
(3)In this paragraph “director” includes a shadow director.
(4)For the purposes of that Part as it applies by virtue of this paragraph, a [F6body corporate] which a person does not control shall not be treated as connected with him.
(5)Section 346 of this Act applies for the purposes of this paragraph as regards the interpretation of references to a person being connected with a director or controlling a [F6body corporate].
Textual Amendments
F4Words in Sch. 9 Pt. IV para. 3(1) substituted (28.2.1994) by S.I. 1994/233, reg. 5(1)(4)
F5Words in Sch. 9 Pt. IV para. 3(1)(b) substituted (1.12.2001) by virtue of S.I. 2001/3649, art. 35(1)(3)
F6Words in Sch. 9 Pt. IV para. 3(4)(5) substituted (28.2.1994) by S.I. 1994/233, reg. 5(1)(5)
3Part III of Schedule 6 (other transactions, arrangements and agreements) applies for the purposes of accounts prepared by a banking company, or a company which is the holding company of a banking company, only in relation to a transaction, arrangement or agreement made by that banking company for—
(a)a person who was a director of the company preparing the accounts, or who was connected with such a director, or
(b)a person who was a chief executive or manager (within the meaning of the Banking Act M11987) of that company or its holding company.
(2)References in that Part to officers of the company shall be construed accordingly as including references to such persons.
(3)In this paragraph “director” includes a shadow director.
(4)For the purposes of that Part as it applies by virtue of this paragraph, a company which a person does not control shall not be treated as connected with him.
(5)Section 346 of this Act applies for the purposes of this paragraph as regards the interpretation of references to a person being connected with a director or controlling a company.
Marginal Citations