Banking Act 2009 (c. 1)U.K.
52U.K.The Banking Act 2009 is amended as follows.
53U.K.In section 83ZZ (co-operation)—
(a)at the end of paragraph (a) insert “ , and ”;
(b)omit paragraph (b).
54(1)Section 83Z1 (delegation of enforcement functions) is amended as follows.U.K.
(2)In subsection (1)—
(a)for “appropriate regulator” substitute “ FCA ”;
(b)for “that regulator” substitute “ the FCA ”.
(3)Omit subsection (2)(b).
(4)In subsection (3), for “appropriate regulator” substitute “ FCA ”.
55U.K.In section 89L(2)(c)(i) (application of section 348 of Financial Services and Markets Act 2000) omit inserted paragraph (ca).
56(1)Section 96 (ground for applying for bank insolvency order) is amended as follows.U.K.
(2)In subsection (2)(a) omit “the PRA has informed the Bank of England that”.
(3)In subsection (3)(a), for the words from “has”, in the first place it occurs, to the end substitute “ is satisfied that Condition 2 in section 7 is met, and ”.
57(1)Section 108 (removal of bank liquidator by court) is amended as follows.U.K.
(2)In subsection (2) omit “the Bank of England and”.
(3)In subsection (3) omit “the PRA and”.
58U.K.In section 117(2)(a) (consents required for making of bank insolvency order) omit “the Bank of England and”.
59(1)In section 129A (modifications for banks not regulated by PRA), the table in subsection (2) is amended as follows.U.K.
(2)In the entry for section 96, in column 2, for paragraphs (a) and (b) substitute—
“(a)Read subsection (2)(a) as “the FCA has informed the Bank of England that the FCA is satisfied that Condition 1 in section 7 is met,”.
(b)Treat the references to the PRA in subsection (3) as references to the FCA.
(ba)Read subsection (3)(a) as “the Bank of England—(i) has informed the FCA that it is satisfied that Condition 2 in section 7 is met, and (ii) has consented to the application,”.”
(3)In the entry for section 108, in column 2—
(a)for paragraph (b) substitute—
“(b)Treat the reference in subsection (2) to the FCA as a reference to the Bank of England.”;
(b)omit paragraph (c).
(4)In the entry for section 117, in column 2, for paragraph (b) substitute—
“(b)Treat the reference in subsection (2) to the FCA as a reference to the Bank of England.”
60U.K.Omit section 204(4)(ba) (Bank may disclose information to PRA).
61U.K.Omit section 246(2)(b) (Bank may disclose information to PRA).
62U.K.Before section 257 insert—
“256BBank of England” and “Prudential Regulation Authority”
(1)In this Act references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.
(2)For the interpretation of references to the Prudential Regulation Authority, see section 2A of the Financial Services and Markets Act 2000.”
63U.K.In section 261 (index of defined terms), at the appropriate places in the table insert—
“Prudential Regulation Authority | 256B” |