The Capital Requirements Regulations 2013

Statutory Instruments

2013 No. 3115

Financial Services And Markets

The Capital Requirements Regulations 2013

Made

9th December 2013

Laid before Parliament

10th December 2013

Coming into force in accordance with regulation 1

The Treasury are designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to financial services.

The Treasury, in exercise of the powers conferred by—

(a)

section 2(2) of the European Communities Act 1972; and

(b)

sections 349(1)(b), 349(2), 349(3) and 428(3) of, and paragraphs 13(1)(b)(iii), 14(1)(b), 17(a), 17(b), 17(c), 18 and 22 of Schedule 3 to, the Financial Services and Markets Act 2000 M3 ;

make the following Regulations:

Marginal Citations

M1 S.I. 2012/1759.

M2 1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c. 7). By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under s2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed in Brussels on 17th March 1993 (Cm 2183).

M3 2000 c. 8. Section 349(2) was amended by section 41 of, and paragraphs 19(1) and (2) of Schedule 12 to, the Financial Services Act 2012 (c. 21); paragraphs 14(1)(b), 17(c), 18 and 22 of Schedule 3 were amended by section 12 of, and paragraphs 1, 3, 7, 8 and 14 of Schedule 4 to, the Financial Services Act 2012; paragraph 14(1)(b) was also amended by S.I. 2003/1473 and S.I. 2003/2066.

PART 1 U.K. Introductory provisions

Citation, commencement and expiry U.K.

1.—(1) These Regulations may be cited as the Capital Requirements Regulations 2013.

(2) Subject to paragraph (3), these Regulations come into force on 1st January 2014.

(3) The Regulations specified in the first column of Schedule 1 (CRD transitional arrangements) come into force on the dates specified in the second column or cease to have effect on the dates specified in the third column.

Interpretation U.K.

2.—(1) In these Regulations—

“appropriate regulator” means the PRA in relation to a PRA-authorised person and the FCA in relation to any other person;

“Bank” means the Bank of England;

“capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC M4 ;

“capital requirements regulation” means Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 M5 ;

“EBA Regulation” means Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC M6 ;

“EEA consolidating supervisor” means the competent authority responsible under the capital requirements directive for the exercise of supervision on a consolidated basis of—

(a)

an EEA parent institution; or

(b)

institutions controlled by an EEA parent financial holding company or EEA parent mixed financial holding company;

“EEA parent institution” means a parent institution in an EEA State which is not a subsidiary of another institution authorised in any EEA State or of a financial holding company or mixed financial holding company set up in any EEA State;

“EIOPA” means the European Insurance and Occupational Pensions Authority established under the EIOPA Regulation;

“EIOPA Regulation” means Regulation (EU) 1094/2010 of 24 November 2010 of the European Parliament and of the Council establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC M7 ;

“ESRB” means the European Systemic Risk Board established under the ESRB Regulation;

“ESRB Regulation” means Regulation (EU) No 1092/2010 of 24 November 2013 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board M8 ;

“FSMA” means the Financial Services and Markets Act 2000;

“group” means a group whose members include one or more institutions;

“home EEA State” means the EEA State in which an institution has been granted authorisation;

“host EEA State” means an EEA State in which an institution has a branch or in which it provides services;

“national consolidating supervisor” means the competent authority responsible under the capital requirements directive for the exercise of supervision on a consolidated basis of—

(a)

a parent institution in an EEA State; or

(b)

institutions controlled by a parent financial holding company in an EEA State or a parent mixed financial holding company in an EEA State;

“parent institution in an EEA State” means an institution which has an institution or financial institution as a subsidiary or which holds a participation (within the meaning of Article 4(1)(35) of the capital requirements regulation) in an institution or financial institution, and which is not itself a subsidiary of another institution authorised in the same EEA State, or of a financial holding company or mixed financial holding company set up in the same EEA State;

“parent financial holding company in an EEA State” means a financial holding company which is not itself a subsidiary of an institution authorised in the same EEA State, or of another financial holding company or mixed financial holding company set up in the same EEA State;

“parent mixed financial holding company in an EEA State” means a mixed financial holding company which is not itself a subsidiary of an institution authorised in the same EEA State, or of another mixed financial holding company or financial holding company set up in the same EEA State;

“relevant competent authority” means a competent authority which is not the EEA consolidating supervisor and which has authorised a subsidiary of an EEA parent institution, a subsidiary of an EEA parent financial holding company or a subsidiary of a EEA parent mixed financial holding company.

(2) Except as provided by paragraph (1)—

(a) any expression used in these Regulations which is defined in Article 4 (definitions) of the capital requirements regulation or Article 3 (definitions) of the capital requirements directive has the meaning which it is given in that Article M9 ;

(b) any other expression used in these Regulations which is defined in section 417 (definitions) of FSMA has the meaning given by that section M10 .

Marginal Citations

M4 OJ no L176, 27/6/2013, p. 338. For corrigenda see OJ no L208, 2/8/2013, p.73.

M5 OJ no L176, 27/6/2013, p.1. For corrigenda see OJ no L208, 2/8/2013 p.68 and OJ no L321, 30/11/2013 p. 6.

M6 OJ no L331, 15/12/2010, p.12.

M7 OJ no L331, 15/12/2010, p 48.

M8 OJ no L331, 15/12/2010, p1.

M9 In particular, “branch”, “credit institution”, “institution” and “investment firm” are defined in Article 4(1) of the capital requirements regulation.

M10 In particular, “EBA”, “ESMA”, “FCA”, “PRA”, “PRA-authorised person” and “the Tribunal” are defined in section 417 of FSMA.

PART 2 U.K. Capital Requirements Regulations 2006: revocation

Capital Requirements Regulations 2006: revocation U.K.

3.  The Capital Requirements Regulations 2006 M11 are revoked.

Marginal Citations

M11 S.I. 2006/3221; the S.I. has been amended by S.I. 2010/906, S.I. 2010/2628, S.I. 2011/1435, 2012/917 and S.I. 2013/472.

PART 3 U.K. Designation of competent authorities

Main provisions of the capital requirements directive and capital requirements regulation U.K.

4.  For the purposes of every provision of the capital requirements directive and capital requirements regulation—

(a) the PRA is responsible for all the functions of a competent authority in respect of PRA-authorised persons; and

(b) the FCA is responsible for all the functions of a competent authority in respect of any other person.

Capital buffers and Article 458 of the capital requirements regulation U.K.

5.  Nothing in regulation 4 has the effect of designating the PRA or the FCA as the designated authority for the purposes of Chapter 4 of Title 7 of the capital requirements directive (capital buffers) or Article 458 of the capital requirements regulation M12 .

Marginal Citations

M12 For the designation of the authority in charge of applying Article 458 of the capital requirements regulation, see paragraph 38 of Schedule 2 (amendments to the Bank of England Act 1998).

PART 4 U.K. PRA and FCA: cooperation and co-ordination

Co-operation within the European System of Financial Supervision U.K.

6.  The appropriate regulator must, in the exercise of its duties as a competent authority under the capital requirements directive and the capital requirements regulation—

(a) take into account any convergence in relation to the use of supervisory tools and supervisory practices in the application of the capital requirements directive and the capital requirements regulation, and for that purpose must—

(i) co-operate with trust and full mutual respect with other competent authorities designated for the purposes of the capital requirements directive and capital requirements regulation, in particular when ensuring the flow of appropriate and reliable information between themselves and other members of the European System of Financial Supervision (referred to in Article 2(2) of the EBA Regulation);

(ii) co-operate with and participate in the activities of EBA and, as appropriate, the colleges of supervisors;

(iii) in accordance with Article 16 of the EBA Regulation, make every effort to comply with the guidelines and recommendations issued by EBA and respond to the warnings and recommendations issued by the ESRB pursuant to Article 16 of the ESRB Regulation; and

(iv) co-operate closely with the ESRB; and

(b) duly consider the potential impact of their decisions on the stability of the financial system in other EEA States, such consideration, in emergency situations, to be based on the information available at the relevant time.

Co-operation with EBA U.K.

7.—(1) The appropriate regulator must provide EBA with all the information necessary to carry out its duties under the capital requirements directive, the capital requirements regulation and the EBA Regulation.

(2) The appropriate regulator must inform EBA in advance of any meetings relating to the development and co-ordination of the recovery and resolution plans referred to in Article 74(4) of the capital requirements directive, including the main issues to be discussed and the activities to be considered, and invite EBA to participate in those meetings.

Information gathering, planning and co-ordination duties U.K.

8.—(1) The appropriate regulator must co-operate closely with other relevant competent authorities in the EEA and (where appropriate) the EEA consolidating supervisor and provide them with all information which is essential for, or relevant to, the exercise of their supervisory tasks.

(2) For the purposes of this regulation, information shall be regarded as essential if it could materially influence the assessment of the financial soundness of an institution or financial institution in another EEA State and, in particular, includes—

(a) the legal structure, governance and organisational structure of the group, including all regulated entities, non-regulated subsidiaries and significant branches M13 belonging to the group, and the parent undertakings;

(b) identification of the relevant competent authorities and the competent authorities responsible for the supervision of regulated entities in the group;

(c) procedures for the collection and verification of information from institutions which are members of a group;

(d) adverse developments in institutions or other members of the group, which could seriously affect other institutions which are members of the group;

(e) major sanctions and exceptional measures taken by the EEA consolidating supervisor or any of the relevant competent authorities under the capital requirements directive.

(3) The appropriate regulator may, in accordance with Article 19 of the EBA Regulation, request EBA to act in relation to any of the following matters—

(a) where a competent authority has not communicated essential information; or

(b) where a request for co-operation, in particular to exchange relevant information, has been rejected by a competent authority or has not been acted upon within a reasonable time.

(4) Where an appropriate regulator has authorised the subsidiary of an EEA parent institution, and needs information regarding the implementation of the approaches and methodologies set out in the capital requirements directive, which may already be available to the EEA consolidating supervisor, it must, wherever possible, obtain that information by requesting its disclosure from the EEA consolidating supervisor.

Marginal Citations

M13 For the meaning of “significant branch” see Article 51 of the capital requirements directive and see regulation 15.

Requirement to consult other competent authorities: major sanctions or exceptional measures U.K.

9.—(1) Where the appropriate regulator is considering whether to impose a major sanction or exceptional measure on an institution, it must, before making its decision, consult—

(a) the EEA consolidating supervisor; and

(b) where the decision would be of importance to another competent authority's supervisory tasks, that competent authority.

(2) Paragraph (1) does not apply where the appropriate regulator considers that—

(a) there is an urgent need to act; or

(b) consultation may jeopardise the effectiveness of its decision.

(3) Where paragraph (1) does not apply by virtue of paragraph (2), the appropriate regulator must, without delay, inform the EEA consolidating supervisor and any competent authority falling within paragraph (1)(b) of the action that it has taken.

(4) The reference in paragraph (1) to a major sanction or exceptional measure includes—

(a) the imposition of a specific own funds requirement in accordance with Article 104 of the capital requirements directive;

(b) the imposition of any limitation on the use of the advanced measurement approach for the calculation of own funds requirements under Article 312(2) of the capital requirements regulation.

Emergency situations: notification requirements U.K.

10.—(1) This regulation applies where—

(a) an entity belonging to a group has been authorised, or a significant branch is established, in the United Kingdom; and

(b) an emergency situation, including a situation as defined in Article 18 of the EBA Regulation or a situation of adverse developments in financial markets, arises in the United Kingdom, which potentially jeopardises the market liquidity and the stability of the financial system in any other EEA State where an entity belonging to a group has been authorised or where a significant branch is established.

(2) The appropriate regulator must notify the following entities as soon as practicable that an emergency situation has occurred—

(a) the European Central Bank;

(b) EBA;

(c) ESRB;

(d) the central bank of the other EEA State referred to in paragraph (1)(b); and

(e) the central government departments of that other EEA State which are responsible for legislation concerning the supervision of institutions, financial institutions and insurance undertakings.

(3) The appropriate regulator must, when providing notification in accordance with paragraph (2), provide all information that is essential for the purpose of that body's tasks, unless it is prevented from disclosing that information by section 348 of FSMA (restrictions on disclosure of confidential information by FCA, PRA etc) M14 .

Marginal Citations

M14 Section 348 was amended by the Financial Services Act 2010 (c.28), section 24 and Schedule 2 paragraphs 1 and 26, the Financial Services Act 2012 (c.21), section 41 and Schedule 20 paragraph 9.

Collaboration concerning supervision of cross-border institutions U.K.

11.—(1) Where an institution is authorised in the United Kingdom and has a branch or provides services in another EEA State, the appropriate regulator must M15 —

(a) collaborate closely with the competent authority of the institution's host EEA State in its supervision of that institution;

(b) supply the competent authority of the institution's host EEA State with all information concerning the ownership and management of the institution that is likely to facilitate the institution's authorisation and supervision;

(c) supply the competent authority of the institution's host EEA State with all information likely to facilitate the monitoring of the institution, in particular with regard to any factors that may influence the systemic risk posed by the institution, including its liquidity, solvency, deposit guarantee, limitation of large exposures to which it is subject, administrative and accounting procedures, and internal control mechanisms;

(d) provide the competent authority of the institution's host EEA State with information and findings pertaining to the supervision of the liquidity of the institution in accordance with Part 6 of the capital requirements regulation and Chapter 3 of Title 7 of the capital requirements directive, to the extent that such information and findings are relevant to the protection of depositors or investors in the host EEA State;

(e) immediately inform the competent authority of the institution's host EEA State when the institution operating in that State experiences liquidity stress, or can reasonably be expected to experience liquidity stress, and provide the competent authority with details of the planning and implementation of a recovery plan and any prudential measures taken in the context of that plan;

(f) explain to the competent authority of the institution's host EEA State on request how it has taken into account the information and findings provided by that competent authority.

(2) Where an institution is authorised in another EEA State and has a branch or provides services in the United Kingdom, the appropriate regulator must notify the competent authority of the institution's home EEA State and EBA in accordance with Article 50(4) of the capital requirements directive before taking any measures to prevent further breaches of the capital requirements directive or capital requirements regulation M16 .

(3) Where an appropriate regulator makes a request for collaboration from a competent authority in another EEA State and the competent authority either rejects the request or fails to act upon it within a reasonable time, the appropriate regulator may refer the matter to EBA (who may act in accordance with Article 19 of the EBA Regulation) M17 .

Marginal Citations

M15 Sub-paragraphs (d) to (f) of paragraph (1) come into force on a date specified in a Commission delegated act. See Schedule 1.

M16 Paragraph (2) comes into force on a date to be specified in a Commission delegated act. See Schedule 1.

M17 Paragraph (3) comes into force on a date to be specified in a Commission delegated act. See Schedule 1.

On-the-spot checks and inspections: during CRD transitional period U.K.

12.  Before an appropriate regulator conducts an on-the-spot check or inspection of a branch of an institution which has been authorised in another EEA State, it must notify the competent authority of that State M18 .

Marginal Citations

M18 This regulation ceases to have effect on a date to be specified in a Commission delegated act. See Schedule 1.

On-the-spot checks or inspections: after CRD transitional period U.K.

13.—(1) Before an appropriate regulator conducts an on-the-spot check or inspection of a branch of an institution which has been authorised in another EEA State, it must consult the competent authority of that State M19 .

(2) After the on-the-spot check or inspection has been carried out, the appropriate regulator must disclose to the competent authority of the institution's home EEA State all information received and findings that are relevant to the risk assessment of the institution or the stability of the financial system of the United Kingdom M20 .

Marginal Citations

M19 This paragraph comes into force on a date to be specified in a Commission delegated act. See Schedule 1.

M20 This paragraph comes into force on a date to be specified in a Commission delegated act. See Schedule 1.

On-the-spot checks and inspections: powers of EEA competent authorities U.K.

14.—(1) The provisions of Part 11 of FSMA (information gathering and investigations) mentioned in paragraph (2) apply—

(a) for the purpose specified in paragraph (3) as they apply for the purposes of FSMA; but

(b) subject to the modifications mentioned in paragraph (4).

(2) The provisions of Part 11 of FSMA referred to in paragraph (1) are—

(a) subsections (1) to (6), (9) and (10) of section 165 (regulators' power to require information: authorised persons etc) M21 ;

(b) subsections (1) to (8) of section 166 (reports by skilled persons) M22 ;

(c) section 167(1) (appointment of persons to carry out general investigations) M23 ;

(d) subsections (1), (2), and (4) to (8) of section 170 (investigations: general) M24 ;

(e) subsections (1) to (3), (5) and (6) of section 171 (powers of persons appointed under section 167) M25 ;

(f) subsections (2) to (6), and (8), of section 175 (information and documents: supplemental provisions) M26 ;

(g) subsections (1) to (3), and (5) to (11), of section 176 (entry of premises under warrant) M27 ;

(h) section 176A (retention of documents taken under section 176) M28 ; and

(i) section 177 (offences) M29 .

(3) The specified purpose is enabling a competent authority of a home EEA State to carry out on-the-spot checks and inspections of branches in the United Kingdom of institutions authorised in that EEA State in accordance with Article 52 or 159 of the capital requirements directive.

(4) The modifications referred to in paragraph (1) are—

(a) references to a “regulator” are to be interpreted as references to the competent authority of the EEA State;

(b) references to an authorised person are to be interpreted as references to the branch in the United Kingdom of the institution authorised in that EEA State;

(c) in section 165—

(i) in subsection (1), for “either” substitute “ a ”; and

(ii) in subsection (4), for “either regulator of functions conferred on it by or under this Act” substitute “ a regulator of functions conferred on it as the competent authority for the purposes of the capital requirements directive or capital requirements regulation ”;

(d) in section 166—

(i) in subsection (1), for “either” substitute “ a ”; and

(ii) in subsection (2), omit paragraphs (b) to (d) and “who is, or was at the relevant time, carrying on a business”;

(e) in section 167(1)—

(i) for “an investigating authority” substitute “ a regulator ”;

(ii) for “the investigating authority” substitute “ the regulator ”; and

(iii) for “on its behalf” to the end of the subsection substitute “ on its behalf for the purposes of carrying out on-the-spot checks and inspections under Article 52 or 159 of the capital requirements directive of branches of credit institutions or investments firms authorised in the regulator's EEA State. ”;

(f) in section 170—

(i) in each case, for “an investigating authority” substitute “ a regulator ”;

(ii) in each case, for “the investigating authority” substitute “ the regulator ”; and

(iii) in subsection (1) omit “or 168(3) to (5)”;

(g) in section 175—

(i) in subsection (2) omit “, or any relevant person,”; and

(ii) in subsection (8) omit “or 168(3) or (5)”;

(h) in section 176—

(i) in subsection (1) for “Secretary of State, either” substitute “ a ” and for “first, second or third” substitute “ first or second ”;

(ii) in subsection (3)(a) omit “or an appointed representative”;

(iii) in subsection (10) omit “or 168(3) or (5)”;

(iv) in paragraph (a) of subsection (11) omit “87C, 87J,” and “165A, 169A,”; and

(v) in paragraph (b) of subsection (11) omit “171, 172, 173 or”; and

(i) in section 177(5)—

(i) in paragraph (a), for “six months” substitute “ three months ” and for “the statutory maximum” substitute “ level 5 on the standard scale ”; and

(ii) omit paragraph (b).

Marginal Citations

M21 Section 165 was amended by the Financial Services Act 2010, s24 and Schedule 2 paragraphs 1 and 15. There are other amendements but none is relevant.

M22 Section 166 was substituted by the Financial Services Act 2012, s41 and Schedule 12 paragraph 1.

M23 Section 167 was amended by the Financial Services Act 2012, s41 and Schedule 12 paragraph 7. There are other amendments but none is relevant.

M24 Section 170 was amended by the Financial Services Act 2012, s41 and Schedule 12 paragraph 10.

M25 Section 167 was amended by S.I. 2007/126.

M26 Section 175 was amended by the Financial Services Act 2012, s41 and Schedule 12 paragraph 13.

M27 Section 176 was amended by S.I. 2005/1433, the Financial Services Act 2010 , s24 and Schedule 2 paragraph 1 and 17 and the Financial Services Act 2012, s41 and Schedule 12 paragraph 14

M28 Section 176A was inserted by the Financial Services Act 2012, s41 and Schedule 12 paragraph 15.

M29 Section 177 was amended by S.I. 2001/1090, the Criminal Justice Act 2003, s280 and Schedul 26 paragraph 54 and the Financial Services Act 2012, s114 and Schedule 18 paragraph 1 and 8.

Significant branches: UK is the host EEA State U.K.

15.—(1) This regulation applies where—

(a) a credit institution, or an investment firm which is not subject to Article 95 of the capital requirements regulation, is authorised in another EEA State;

(b) the credit institution or investment firm has established a branch in the United Kingdom; and

(c) an appropriate regulator is the competent authority for that branch.

(2) The appropriate regulator may make a request to the competent authority of the home EEA State or, where appropriate, to the EEA consolidating supervisor (in which case a copy of the request shall be sent to the competent authority of the home EEA State) for the branch to be designated as significant.

(3) A request made under paragraph (2) must include reasons for considering the branch to be significant with particular regard to—

(a) the likely impact of a suspension or closure of the operations of the institution on systemic liquidity and the payment, clearing and settlement systems in the United Kingdom;

(b) the size and importance of the branch in terms of the number of clients within the context of the banking or financial system of the United Kingdom; and

(c) in the case of a branch of a credit institution, whether the market share of the branch in terms of deposits in the United Kingdom exceeds 2%.

(4) The appropriate regulator must—

(a) make every effort to reach a joint decision with the competent authority of the home EEA State and, where appropriate, the EEA consolidating supervisor, on the designation of the branch as significant; and

(b) if a joint decision is made, provide the competent authorities concerned with a document setting out the fully reasoned joint decision.

(5) If a joint decision has not been reached within two months of receipt of a request made by the appropriate regulator under paragraph (2), the appropriate regulator must—

(a) make a decision within a further period of two months on whether or not to designate the branch as significant, taking into account any views and reservations of the competent authority of the home EEA State and, where appropriate, the EEA consolidating supervisor; and

(b) provide the competent authorities concerned with a document containing its fully reasoned decision.

(6) Where a branch has been designated as significant and the competent authority of the home EEA State fails to consult the appropriate regulator in accordance with paragraph 5 of Article 51(2) of the capital requirements directive or maintains that the operational steps required by Article 86(11) of the capital requirements directive are inadequate, the appropriate regulator may refer the matter to EBA and request its assistance in accordance with Article 19 of the EBA Regulation M30 .

Marginal Citations

M30 Paragraph (6) come into force on a date to be specified in a Commission delegated act. See Schedule 1.

Significant branches: UK is the home EEA State or EEA consolidating supervisor U.K.

16.—(1) Paragraphs (2) and (3) of this regulation apply where—

(a) an appropriate regulator is the competent authority of the home EEA State or the EEA consolidating supervisor of a credit institution or an investment firm which is not subject to Article 95 of the capital requirements regulation; and

(b) the appropriate regulator has received a request (or a copy of a request) from the competent authority of a host EEA State for a branch of the credit institution or investment firm established in that State to be designated as significant.

(2) The appropriate regulator must make every effort to reach a joint decision with the competent authority of the host EEA State and, where appropriate, the EEA consolidating supervisor, on the designation of the branch as significant.

(3) Where a joint decision has not been reached and the competent authority of the host EEA State has made and notified the appropriate regulator of its own decision to designate the branch as significant, the appropriate regulator must recognise that decision as determinative.

(4) Paragraphs (5) to (9) of this regulation apply where the appropriate regulator is the competent authority of the home EEA State and a decision has been made to designate a branch of an institution established in another EEA State as significant.

(5) The appropriate regulator must M31 —

(a) in relation to the institution for which it is the home EEA State competent authority, communicate to the competent authority of the host EEA State the information referred to in regulation 8(2)(d) or (e);

(b) in preparation for and during an emergency situation, plan and co-ordinate supervisory activities in cooperation with the competent authority of the host EEA State and, if necessary, its central bank;

(c) notify a competent authority of the host EEA State of the outcome of any risk assessment referred to in Article 97 of the capital requirements directive or, where applicable, regulation 29 or 31 of these Regulations;

(d) notify the competent authority of the host EEA State of any decision to exercise a supervisory power or impose a specific liquidity requirement, insofar as that decision is relevant to the branch; and

(e) consult a competent authority of a host EEA State about the operational steps required by Article 86(11) of the capital requirements directive where that is relevant to liquidity risks in the host EEA State's currency.

(6) Where the appropriate regulator—

(a) is not required to establish a college of supervisors by regulation 33; and

(b) the institution has significant branches in two or more EEA States other than the United Kingdom,

it must, acting on the basis of written co-ordination and co-operation agreements entered into after consulting the competent authorities of the host EEA States, establish a college of supervisors in accordance with paragraphs (7) to (9).

(7) The purpose of the college of supervisors is to facilitate co-operation under regulation 11 and paragraph (5) of this regulation.

(8) Where it establishes a college of supervisors, the appropriate regulator must—

(a) inform members in advance about the organisation of and agenda for any meeting of the college of supervisors, including any activities to be considered at that meeting;

(b) decide which competent authorities may attend any meeting or participate in any activity;

(c) chair any meeting; and

(d) inform members in a timely manner of the actions taken at any meeting or any activities carried out.

(9) When making a decision under paragraph (8)(b), the appropriate regulator must take into account the relevance to each competent authority of the supervisory activity to be planned or coordinated, and in particular—

(a) the potential impact on the stability of the financial system in the EEA State concerned; and

(b) the obligations under paragraph (5).

Marginal Citations

M31 Sub-paragraphs (c) to (e) of paragraph (5)(4) come into force on a date to be specified in a Commission delegated act. See Schedule 1.

Duties to notify EBA and EIOPA U.K.

17.—(1) The appropriate regulator must inform EBA of—

(a) the names of the authorities or bodies which may receive confidential information in accordance with Article 57(5) of the capital requirements directive.

(b) any action it has taken pursuant to Article 86(3) of the capital requirements directive where developments in relation to an institution's liquidity risk profile may lead to the instability of that institution or systemic instability;

(c) the results of any review it has carried out in accordance with Article 97(1) of the capital requirements directive which shows that an institution may pose systemic risk in accordance with Article 23 of the EBA Regulation;

(d) any administrative penalties imposed on an institution, unless such a disclosure would be contrary to section 348 of FSMA;

(e) any authorisation given to a member of a management body of an institution in accordance with Article 91 of the capital requirements directive permitting that person to hold an additional non-executive directorship;

(f) the functioning of the review and evaluation process referred to in Article 97 of the capital requirements directive and the methodology used to base the decisions referred to in Articles 98, 100, 101, 102, 104 and 105 of the capital requirements directive on this process;

(g) any review and evaluation process conducted for the purposes of Article 103(1) of the capital requirements directive;

(h) any delegation of responsibility for supervising an institution, made in accordance with Article 115(2) of the capital requirements directive.

(2) The results of a review referred to in paragraph (1)(c) must be provided to EBA without delay.

(3) Where the appropriate regulator is the EEA consolidating supervisor in relation to a group it must—

(a) where the members of the group include a credit institution, provide EBA with all information regarding the legal and organisational structure of the group and its governance;

(b) inform EBA and EIOPA of decisions taken under Article 120(1) and (2) of the capital requirements directive with respect to the risk-based supervision of any mixed financial holding company which is subject to equivalent provisions under the capital requirements directive and under Directive 2002/87/EC M32 or Directive 2009/138/EC M33 .

Marginal Citations

M32 OJ no 035, 11/2/2003, p1.

M33 OJ no 335, 17/12/2009, p1.

PART 5 U.K. Publication of information by PRA and FCA

General disclosures required of PRA and FCA U.K.

18.—(1) In this regulation, a “relevant institution” is an institution falling within the scope of the capital requirements directive M34 .

(2) The PRA and FCA must publish—

(a) the texts of laws, regulations, administrative rules and general guidance adopted in the United Kingdom in the field of the prudential regulation of relevant institutions;

(b) the manner in which the options and discretions available under the capital requirements regulation and capital requirements directive have been exercised;

(c) the general criteria and methodologies they use in the review and evaluation referred to in Article 97 of the capital requirements directive;

(d) aggregate statistical data on key aspects of the implementation of the prudential framework for relevant institutions in the United Kingdom, including the number and nature of supervisory measures taken and penalties imposed in respect of breaches of requirements of the capital requirements regulation and the capital requirements directive.

(3) The information published in accordance with paragraph (2) must be—

(a) sufficient to enable a meaningful comparison between the approach adopted by the United Kingdom and the approaches adopted by other EEA States;

(b) published using a common format and updated regularly; and

(c) accessible at a single electronic location.

Marginal Citations

M34 The scope of the capital requirements directive is set out in Article 2 (scope).

Specific disclosures required of PRA and FCA U.K.

19.—(1) For the purposes of Part 5 of the capital requirements regulation, the PRA and FCA must publish—

(a) the general criteria and methodologies adopted to review compliance with Articles 405 to 409 of the capital requirements regulation; and

(b) a summary description of the outcome of the supervisory review and a description of the measures imposed in cases of non-compliance with Articles 405 to 409 of the capital requirements regulation, identified on an annual basis.

(2) In relation to Article 7(3) of the capital requirements regulation, the PRA and FCA must publish—

(a) the criteria they apply in order to determine whether there is a current or foreseeable material, practical or legal impediment to the prompt transfer of own funds or repayment of liabilities;

(b) the number of parent institutions which benefit from the exercise of the discretion laid down in Article 7(3) of the capital requirements regulation and the number of those which incorporate subsidiaries in a third country; and

(c) on an aggregate basis for the United Kingdom—

(i) the total amount of own funds on the consolidated basis of parent institutions in the United Kingdom, which benefit from the exercise of the discretion laid down in Article 7(3) of the capital requirements regulation, which are held in subsidiaries in a third country;

(ii) the percentage of total own funds on the consolidated basis of parent institutions in the United Kingdom which benefit from the exercise of the discretion laid down in Article 7(3) of the capital requirements regulation, represented by own funds which are held in subsidiaries in a third country; and

(iii) the percentage of total own funds required under Article 92 of the capital requirements regulation on the consolidated basis of parent institutions in the United Kingdom, which benefit from the exercise of the discretion laid down in Article 7(3) of the capital requirements regulation, represented by own funds which are held in subsidiaries in a third country.

(3) In relation to Article 9(1) of the capital requirements regulation, the PRA and FCA must publish—

(a) the criteria they apply in order to determine whether there is a current or foreseeable material, practical or legal impediment to the prompt transfer of own funds or repayment of liabilities;

(b) the number of parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of the capital requirements regulation and the number of such parent institutions which incorporate subsidiaries in a third country; and

(c) on an aggregate basis for the United Kingdom—

(i) the total amount of own funds of parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of the capital requirements regulation which are held in subsidiaries in a third country;

(ii) the percentage of total own funds of parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of the capital requirements regulation represented by own funds which are held in subsidiaries in a third country; and

(iii) the percentage of total own funds required under Article 92 of the capital requirements regulation of parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of the capital requirements regulation represented by own funds which are held in subsidiaries in a third country.

PART 6 U.K. Consolidated supervision

Determination of the consolidating supervisor U.K.

20.—(1) The appropriate regulator must determine whether it is the EEA consolidating supervisor in respect of a group in accordance with Article 111 of the capital requirements directive.

(2) In particular cases, when determining which competent authority is the EEA consolidating supervisor in respect of a group, the appropriate regulator may, by agreement with the other relevant competent authorities, waive the criteria in paragraphs 3 and 4 of Article 111 of the capital requirements directive if their application would be inappropriate, taking into account the relative importance of the activities of the institutions which are members of the group in different countries.

(3) The appropriate regulator must notify EBA and the Commission if it concludes an agreement referred to in paragraph (2).

(4) If the appropriate regulator is the EEA consolidating supervisor, it shall be responsible for exercising supervision on a consolidated basis in accordance with Section 1 of Chapter 3 of Title 7 of the capital requirements directive and these Regulations.

Assessment of equivalence of consolidated supervision by supervisory authorities in non-EEA States U.K.

21.—(1) In this regulation, a “relevant institution” is an institution which satisfies the following conditions—

(a) the institution is authorised by the PRA or FCA;

(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 an EEA State;

(c) the institution is not subject to supervision on a consolidated basis in accordance with Article 111 of the capital requirements directive;

(d) the PRA or FCA 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 EEA 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 or FCA has decided on its own initiative to carry out that assessment.

(2) The appropriate regulator must assess whether a relevant institution is subject to supervision on a consolidated basis by a supervisory authority of a country outside the EEA which is equivalent to to the standard of supervision applicable to an institution under the capital requirements directive and Chapter 2 of Title 2 of Part 1 of the capital requirements regulation.

(3) For the purposes of carrying out the assessment referred to in paragraph (2), the appropriate authority must—

(a) consult the other competent authorities which are responsible for the supervision of members of the group of which the relevant institution is a member; and

(b) take into account any guidance issued by the European Banking Committee in accordance with Article 127(2) of the capital requirements directive.

(4) Where the appropriate regulator concludes that a relevant institution is not subject to equivalent supervision in accordance with paragraph (2), the appropriate regulator may apply—

(a) the requirements of the capital requirements directive and capital requirements regulation 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 in accordance with Chapter 3 of Title 7 of the capital requirements directive.

(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 an EEA State, so that supervision on a consolidated basis may be applied in relation to the consolidated situation of that holding company.

(6) The appropriate regulator must—

(a) consult the competent authorities referred to in paragraph (3)(a) before determining which supervisory techniques may be applied for the purposes of paragraph (4)(b); and

(b) notify those competent authorities, the European Commission and EBA of the supervisory techniques it applies.

Co-ordination and co-operation arrangements U.K.

22.—(1) Where the appropriate regulator is the EEA consolidating supervisor, it must, wherever possible, have written co-ordination and co-operation agreements in place with other relevant competent authorities.

(2) The written co-ordination and co-operation agreements—

(a) must, so far as necessary, facilitate and establish effective supervision; and

(b) may specify additional tasks entrusted to the appropriate regulator and procedures for decision making and co-ordination.

(3) Where the appropriate regulator is not the EEA consolidating supervisor and has authorised a subsidiary in the United Kingdom of a parent institution in an EEA State other than the United Kingdom, it may, by agreement in accordance with Article 28 of the EBA Regulation, delegate its responsibility for supervising the subsidiary to the competent authority which authorised and supervises that parent institution.

(4) Where the appropriate regulator is the EEA consolidating supervisor or a relevant competent authority in relation to a parent institution established in the United Kingdom, it may, by agreement with a relevant competent authority in accordance with Article 28 of the EBA Regulation, accept responsibility for supervising a subsidiary of that parent institution which is established in another EEA State.

Co-ordination of supervisory activities by the EEA consolidating supervisor U.K.

23.—(1) This regulation applies where the appropriate regulator is the EEA consolidating supervisor.

(2) The appropriate authority must take such steps as it considers appropriate—

(a) in going-concern situations—

(i) to co-ordinate the gathering and dissemination of relevant or essential information;

(ii) to plan and co-ordinate supervisory activities in co-operation with other relevant competent authorities;

(b) in preparation for and during emergency situations, including adverse developments in institutions or in financial markets—

(i) to co-ordinate the gathering and dissemination of relevant or essential information;

(ii) to plan and co-ordinate supervisory activities, including exceptional measures, preparation of risk assessments, implementation of contingency plans and communication to the public, in co-operation with other relevant competent authorities and, where necessary, central banks.

(3) For the purposes of paragraph (2)—

(a) “essential information” has the same meaning as regulation 8(2); and

(b) “exceptional measures” includes the imposition of a specific own funds requirement under Article 104 of the capital requirements directive and the imposition of any limitation on the use of the advanced measurement approach for the calculation of own funds requirements under Article 312(2) of the capital requirements regulation.

(4) If a relevant competent authority does not co-operate with the appropriate regulator to the extent required in carrying out the tasks referred to in paragraph (2), the appropriate regulator may refer the matter to EBA (which may act in accordance with Article 19 of the EBA Regulation).

The Bank's general duties U.K.

24.  Where—

(a) an entity belonging to a group has been authorised, or a significant branch is established, in the United Kingdom; and

(b) an emergency situation arises, including a situation as defined in Article 18 of the EBA Regulation or a situation of adverse developments in financial markets, which potentially jeopardises the market liquidity and the stability of the financial system in the United Kingdom,

the Bank must notify, as soon as practicable, the national consolidating supervisor or, where appropriate, the EEA consolidating supervisor and EBA.

Exchange of information U.K.

25.—(1) This regulation applies where—

(a) an institution has been authorised in the United Kingdom and its parent undertaking is situated in another EEA State; or

(b) a parent undertaking is situated in the United Kingdom, whose subsidiaries include institutions which have been authorised in another EEA State.

(2) The appropriate regulator must disclose to a relevant competent authority and, where appropriate, the EEA consolidating supervisor, all relevant information which may allow or aid the exercise of supervision on a consolidated basis.

Obtaining information already disclosed U.K.

26.  Where the appropriate regulator is the EEA consolidating supervisor and needs information which has already been given to a relevant competent authority, it must, wherever possible, obtain that information by requesting its disclosure from that relevant competent authority.

Verification of information by a competent authority in another EEA State U.K.

27.—(1) This regulation applies where the appropriate regulator wishes in a specific case to check information concerning any of the following entities which are established in another EEA State—

(a) an institution;

(b) a financial holding company;

(c) a mixed financial holding company;

(d) a financial institution;

(e) an ancillary services undertaking,

(f) a mixed-activity holding company;

(g) a subsidiary of any of the entities mentioned in paragraphs (a) to (f) which is an insurance company or investment firm subject to authorisation;

(h) a subsidiary of any of the entities mentioned in paragraphs (a) to (c) which is not included within the scope of supervision on a consolidated basis.

(2) The appropriate regulator may ask the competent authority in that other EEA State to check that information.

Requirement to establish list of holding companies U.K.

28.—(1) Where the appropriate authority is the EEA consolidating supervisor, it shall establish lists of the financial holding companies and mixed financial holding companies referred to in Article 11 of capital requirements regulation.

(2) The lists mentioned in paragraph (1) shall be communicated to the competent authorities in other EEA States, EBA and the European Commission.

Joint decisions on own funds: PRA or FCA is the EEA consolidating supervisor U.K.

29.—(1) This regulation applies where the appropriate regulator is the EEA consolidating supervisor of an institution (“the relevant institution”).

(2) The appropriate regulator must submit a report setting out its risk assessment of the group in accordance with Articles 73, 97 and 104(1)(a) of the capital requirements directive to the relevant competent authorities.

(3) The appropriate regulator must take all reasonable steps to reach a joint decision with the relevant competent authorities, within four months of submitting its report, on—

(a) the application of Articles 73 and 97 of the capital requirements directive to determine the adequacy of the consolidated level of own funds held by the group with respect to its financial situation and risk profile; and

(b) the required level of own funds for the application of Article 104(1)(a) to each member of the group and to the group as a whole.

(4) The appropriate regulator must consider, for the purposes of reaching a joint decision, the risk assessments prepared in relation to subsidiaries by the relevant competent authorities.

(5) The appropriate regulator must provide the relevant institution with a document setting out the fully reasoned joint decision.

(6) Where a joint decision cannot be reached, the appropriate regulator must, at the request of any of the relevant competent authorities, consult EBA, or may do so of its own initiative.

(7) If a joint decision has not been made within four months of the appropriate regulator submitting its report in accordance with paragraph (2), the appropriate regulator must—

(a) after considering the risk assessments prepared in relation to subsidiaries by the relevant competent authorities and any advice given by EBA, make a decision on the matters referred to in paragraph (3);

(b) where that decision differs significantly from any advice given by EBA, give reasons for the difference;

(c) provide all relevant competent authorities and the relevant institution with a document containing its decision and the decisions of the relevant competent authorities on the levels of own funds required to be held by subsidiaries on an individual or, where appropriate, sub-consolidated basis;

(d) recognise the decisions taken by the relevant competent authorities, mentioned in sub-paragraph (c), as determinative.

(8) If, by the end of the four month period referred to in paragraph (7), any of the relevant competent authorities has referred the matter to EBA in accordance with Article 19 of the EBA Regulation, the appropriate regulator must defer its decision and await any decision that EBA may take in accordance with Article 19(3) of that Regulation on the appropriate regulator's decision on the matters referred to in paragraph (3).

(9) If EBA takes a decision in accordance with Article 19(3) of the EBA Regulation, the appropriate regulator must take its decision on the matters referred to in paragraph (3) in conformity with the decision of EBA.

(10) The appropriate regulator must update the joint decision reached in accordance with paragraph (3) or its own decision made under paragraph (7)(a) or (9)—

(a) annually; or

(b) in exceptional circumstances, on receipt of a fully reasoned written request by a relevant competent authority to update the decision on the application of Article 104(1)(a) of the capital requirements directive;

and where sub-paragraph (b) applies, the updated decision may be made after consultation with the competent authority making the request, without consulting the other relevant competent authorities.

Joint decisions on own funds: PRA or FCA is not the EEA consolidating supervisor U.K.

30.—(1) This regulation applies where an appropriate regulator—

(a) is a relevant competent authority; and

(b) receives a report containing the risk assessment of the group from the EEA consolidating supervisor.

(2) The appropriate regulator must submit to the EEA consolidating supervisor a report containing its risk assessment of each subsidiary of the group it has authorised.

(3) The appropriate regulator must take all reasonable steps to reach a joint decision with the EEA consolidating supervisor and any other relevant competent authorities on the matters referred to in regulation 29(3) within four months of the appropriate regulator receiving the report from the EEA consolidating supervisor.

(4) Where agreement on a joint decision cannot be reached, the appropriate regulator may request that the EEA consolidating supervisor consult EBA.

(5) If a joint decision has not been reached within four months of the appropriate regulator receiving the report from the EEA consolidating supervisor, the appropriate regulator must—

(a) make a decision on the level of own funds which each subsidiary it has authorised should hold on an individual or, where appropriate, sub-consolidated, basis, in accordance with Articles 73, 97 and 104(1)(a) of the capital requirements directive, taking into account the views of the EEA consolidating supervisor and any advice given by EBA;

(b) where the appropriate regulator's decision differs significantly from any advice given by EBA, give reasons for the difference;

(c) provide the EEA consolidating supervisor with a document containing its decision; and

(d) recognise the decisions taken by the EEA consolidating supervisor and any other relevant competent authorities on the levels of own funds required to be held by the group or its subsidiaries located outside the United Kingdom, as determinative.

(6) If, by the end of the four month period referred to in paragraph (5), any of the relevant competent authorities has referred the matter to EBA in accordance with Article 19 of the EBA Regulation, the appropriate regulator must defer its decision and await any decision that EBA may take in accordance with Article 19(3) of that Regulation.

(7) If EBA takes a decision in accordance with Article 19(3) of the EBA Regulation, the appropriate regulator must take its decision on the matters referred to in paragraph (5)(a) in conformity with the decision of EBA.

(8) The appropriate regulator may, in exceptional circumstances, make a fully reasoned written request to the EEA consolidating supervisor to update the decision on the level of own funds required to be held by any subsidiary of the group located in the United Kingdom in accordance with Article 104(1)(a) of the capital requirements directive.

Joint decision on liquidity: PRA or FCA is the EEA consolidating supervisor U.K.

31.—(1) This regulation applies where the appropriate regulator is the EEA consolidating supervisor of an institution (“the relevant institution”).

(2) The appropriate regulator must submit a report containing its assessment of the liquidity risk profile of a group in accordance with Articles 86 and 105 of the capital requirements directive to the relevant competent authorities.

(3) The appropriate regulator must take all reasonable steps to reach a joint decision with the relevant competent authorities, within one month of submitting its report, on measures to address any significant matters and material findings relating to liquidity supervision in relation to the group including those relating to—

(a) the adequacy of the organisation and the treatment of risks as required pursuant to Article 86 of the capital requirements directive; and

(b) the need for institution-specific liquidity requirements in accordance with Article 105 of the capital requirements directive.

(4) The appropriate regulator must consider, for the purposes of reaching a joint decision, the risk assessments prepared in accordance with Articles 73 and 97 of the capital requirements directive in relation to subsidiaries by the relevant competent authorities.

(5) The appropriate regulator must provide the relevant institution with a document setting out the fully reasoned joint decision.

(6) Where a joint decision cannot be reached, the appropriate regulator must, at the request of any of the relevant competent authorities, consult EBA, or may do so of its own initiative.

(7) If a joint decision has not been made within one month of the appropriate regulator submitting its report in accordance with paragraph (2), the appropriate regulator must—

(a) after considering the risk assessments prepared in relation to subsidiaries by the relevant competent authorities and any advice given by EBA, make a decision on the matters referred to in paragraph (3);

(b) where that decision differs significantly from any advice given by EBA, give reasons for the difference;

(c) provide all relevant competent authorities and the relevant institution with a document containing its decision and the decisions of the relevant competent authorities on the matters referred to in paragraph (3);

(d) recognise the decisions taken by the relevant competent authorities, mentioned in sub-paragraph (c), as determinative.

(8) If, by the end of the one month period referred to in paragraph (7), any of the relevant competent authorities has referred the matter to EBA in accordance with Article 19 of the EBA Regulation, the appropriate regulator must defer its decision and await any decision that EBA may take in accordance with Article 19(3) of that Regulation on the appropriate regulator's decision on the matters referred to in paragraph (3).

(9) If EBA takes a decision in accordance with Article 19(3) of the EBA Regulation, the appropriate regulator must take its decision on the matters referred to in paragraph (3) in conformity with the decision of EBA.

(10) The appropriate regulator must update the joint decision reached in accordance with paragraph (3) or its own decision made under paragraph (7)(a) or (9)—

(a) annually; or

(b) in exceptional circumstances, on receipt of a fully reasoned written request by a relevant competent authority to update the decision on the application of Article 105 of the capital requirements directive;

and where sub-paragraph (b) applies, the updated decision may be made after consultation with the competent authority making the request, without consulting the other relevant competent authorities.

Joint decision on liquidity: PRA or FCA is not the EEA consolidating supervisor U.K.

32.—(1) This regulation applies where an appropriate regulator—

(a) is a relevant competent authority; and

(b) receives a report containing the assessment of the liquidity risk profile of a group in accordance with Articles 86 and 105 of the capital requirements directive from the EEA consolidating supervisor.

(2) The appropriate regulator must submit to the EEA consolidating supervisor a report containing its assessment of the liquidity risk profile of each subsidiary of the group it has authorised.

(3) The appropriate regulator must take all reasonable steps to reach a joint decision with the EEA consolidating supervisor and any other relevant competent authorities on the matters referred to in regulation 31(3) within one month of the appropriate regulator receiving the report from the EEA consolidating supervisor.

(4) Where agreement on a joint decision cannot be reached, the appropriate regulator may request that the EEA consolidating supervisor consult EBA.

(5) If a joint decision has not been reached within one month of the appropriate regulator receiving the report from the EEA consolidating supervisor, the appropriate regulator must—

(a) make a decision on the matters referred to in regulation 31(3), taking into account the views of the EEA consolidating supervisor and any advice given by EBA;

(b) where the appropriate regulator's decision differs significantly from any advice given by EBA, give reasons for the difference;

(c) provide the EEA consolidating supervisor with a document containing its decision; and

(d) recognise the decisions taken by the EEA consolidating supervisor and any other relevant competent authorities on the matters referred to in regulation 31(3) in relation to the banking or investment group or its subsidiaries outside the United Kingdom, as determinative.

(6) If, by the end of the one month period referred to in paragraph (5), any of the relevant competent authorities has referred the matter to EBA in accordance with Article 19 of the EBA Regulation, the appropriate regulator must defer its decision and await any decision that EBA may take in accordance with Article 19(3) of that Regulation.

(7) If EBA takes a decision in accordance with Article 19(3) of the EBA Regulation, the appropriate regulator must take its decision on the matters referred to in paragraph (5)(a) in conformity with the decision of EBA.

(8) The appropriate regulator may, in exceptional circumstances, make a fully reasoned written request to the EEA consolidating supervisor to update the decision on the liquidity requirements of any subsidiary of the group within the United Kingdom in accordance with Article 105 of the capital requirements directive.

Colleges of supervisors U.K.

33.—(1) This regulation applies where the appropriate regulator is the EEA consolidating supervisor.

(2) Where an institution belongs to a group whose members include at least one other institution which is established in another EEA State, the appropriate regulator must, acting on the basis of agreements entered into pursuant to regulation 22, establish a college of supervisors to–

(a) facilitate its duties as an EEA consolidating supervisor; and

(b) ensure appropriate co-ordination and co-operation with competent authorities outside the EEA where appropriate.

(3) The college of supervisors shall facilitate the carrying out of the following tasks by the EEA consolidating supervisor and the other relevant competent authorities—

(a) exchanging relevant information;

(b) agreeing on the voluntary allocation of tasks and the voluntary delegation of responsibilities where appropriate;

(c) determining supervisory examination programmes based on a risk assessment of the relevant group in accordance with Article 97 of the capital requirements directive;

(d) increasing the efficiency of supervision by removing unnecessary duplication of supervisory requirements;

(e) where appropriate, applying the prudential requirements under the capital requirements directive on a consistent basis to all members of a group;

(f) planning and co-ordination of supervisory activities in preparation for and during emergency situations, including adverse developments in institutions or financial markets, taking into account the work of any other relevant bodies established for such purposes.

(4) The following bodies may participate in the college of supervisors—

(a) the relevant competent authorities;

(b) the competent authorities of a host EEA State in which a significant branch is established;

(c) central banks;

(d) competent authorities situated outside the EEA, provided that, in the opinion of the appropriate regulator and all relevant competent authorities, they are subject to confidentiality requirements equivalent to the requirements of section 2 of Chapter 1 of the capital requirements directive and, where applicable, [F1 Articles 54 and 58 of Directive 2004/39/EC] [F1 Articles 76 and 81 of Directive 2014/65/EU];

(e) competent authorities responsible for the supervision of other regulated entities in the group.

(5) The appropriate regulator must co-operate closely with EBA and other competent authorities participating in the college of supervisors and permit EBA to contribute to promoting and monitoring the efficient, effective and consistent functioning of the college, in accordance with Article 116(1) of the capital requirements directive.

(6) The appropriate regulator must—

(a) inform members in advance about the organisation of and agenda for any meeting of the college of supervisors, including any activities to be considered at that meeting;

(b) decide which competent authorities may attend any meeting or participate in any activity;

(c) chair any meeting;

(d) inform members in a timely manner of the actions taken at any meeting or any activities carried out.

(7) When making a decision under paragraph (6)(b), the appropriate regulator must take into account the relevance to each competent authority of the supervisory activity to be planned or co-ordinated, and in particular—

(a) the potential impact on the stability of the financial system in the EEA State concerned; and

(b) the competent authority's obligations as the competent authority of the home EEA State under Article 51(2) of the capital requirements directive.

(8) Subject to confidentiality requirements under section 2 of Chapter 1 of Title 7 of the capital requirements directive and, where applicable, [F2 Articles 54 and 58 of Directive 2004/39/EC] [F2 Articles 76 and 81 of Directive 2014/65/EU], the appropriate regulator must—

(a) inform EBA of the activities of the college of supervisors, including in emergency situations; and

(b) provide EBA with all information that is of particular relevance for the purposes of supervisory convergence.

Textual Amendments

F1 Words in reg. 33(4)(d) substituted (29.6.2017 for specified purposes) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 5 para. 18(a) (with reg. 7)

F2 Words in reg. 33(8) substituted (29.6.2017 for specified purposes) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 5 para. 18(b) (with reg. 7)

PART 7 U.K. Exercise of supervision by the PRA and FCA

Supervisory powers: own funds U.K.

34.—(1) The PRA and FCA must require an institution to hold own funds in excess of—

(a) the requirements of Chapter 4 of Title 7 of the capital requirements directive; and

(b) the requirements of the capital requirements regulation relating to risks or elements of risks not covered by Article 1 of the capital requirements regulation;

in the circumstances mentioned in paragraph (2).

(2) The circumstances referred to in paragraph (1) are—

(a) an institution does not meet the requirements set out in Articles 73 and 74 of the capital requirements directive or in Article 393 of the capital requirements regulation;

(b) risks or elements of risks are not covered by the own funds requirements set out in Chapter 4 of Title 7 of the capital requirements directive or in the capital requirements regulation;

(c) the sole application of other administrative measures is unlikely to improve the institution's arrangements, processes, mechanisms and strategies sufficiently within an appropriate timeframe;

(d) the review referred to in Article 98(4) or Article 101(4) of the capital requirements directive reveals that non-compliance with the requirements for the application of the respective approach will likely lead to inadequate own funds requirements;

(e) the risks are likely to be underestimated despite compliance with the applicable requirements of the capital requirements directive or capital requirements regulation; or

(f) an institution reports to the competent authority in accordance with Article 377(5) of the capital requirements regulation that the stress test results referred to in that Article materially exceed its own funds requirement for the correlation trading portfolio.

(3) For the purposes of determining the appropriate level of own funds on the basis of the review and evaluation carried out in accordance with Section 3 of Chapter 2 of Title 7 to the capital requirements directive, the PRA and FCA must assess whether any imposition of an additional own funds requirement in excess of the own funds requirement is necessary to capture risks to which an institution is or might be exposed, taking into account the following:

(a) the quantitative and qualitative aspects of the institution's assessment process referred to in Article 73 of the capital requirements directive;

(b) the institution's arrangements, processes and mechanisms referred to in Article 74 of the capital requirements directive;

(c) the outcome of the review and evaluation carried out in accordance with Article 97 or 101 of the capital requirements directive; and

(d) the assessment of systemic risk.

Specific liquidity requirements U.K.

35.  For the purposes of determining the appropriate level of liquidity requirements on the basis of the review and evaluation carried out in accordance with Section 3 of Chapter 2 of Title 7 to the capital requirements directive, the appropriate regulator must assess whether the imposition of a specific liquidity requirement is necessary to capture liquidity risks to which an institution is or might be exposed, taking into account the following—

(a) the particular business model of the institution;

(b) the institution's arrangements, processes and mechanisms (as referred to in Section 2 of Chapter 2 of Title 7 to the capital requirements directive, in particular in Article 86);

(c) the outcome of the review and evaluation carried out in accordance with Article 97 of the capital requirements directive; and

(d) any systemic liquidity risk that threatens the integrity of the financial markets of the United Kingdom.

Employee remuneration U.K.

36.  The appropriate regulator must—

(a) collect the information disclosed by institutions in accordance with the criteria for disclosure set out at points (g), (h) and (i) of Article 450(1) of the capital requirements regulation and use it to benchmark remuneration trends and practices;

(b) collect the information specified in Article 75(3) of the capital requirements directive on the number of employees in each institution that are remunerated 1 million euros or more per financial year;

(c) collect the information disclosed by institutions about any decisions taken by their shareholders, owners or members to approve a higher ratio between the fixed and variable components of remuneration approved in accordance with Article 94(1)(g)(ii) of the capital requirements directive and use it to benchmark practices in relation to the level of such ratios; and

(d) provide EBA with the information referred to in paragraphs (a) to (c).

Diversity practices U.K.

37.  The appropriate regulator must—

(a) collect the information disclosed by institutions in accordance with Article 435(2)(c) of the capital requirements regulation and use it to benchmark diversity practices; and

(b) provide EBA with the information referred to in paragraph (a).

Consultation with EBA: supervisory benchmarking of internal approaches for calculation own funds requirements U.K.

38.—(1) In addition to benchmark portfolios developed by EBA and referred to in Article 78(8)(b) of the capital requirements directive, the appropriate regulator may develop benchmark portfolios in accordance with Article 78(2) of the capital requirements directive to monitor the range of risk weighted exposure amounts or own funds requirements for institutions permitted to use internal approaches.

(2) Where the appropriate regulator chooses to develop such portfolios they shall do so in consultation with EBA.

PART 8 U.K. Permissions under the CRR

Meaning of “permission” and “protected item” in this Part U.K.

39.  In this Part—

“permission” means a decision made by an appropriate regulator in relation to an institution under a power conferred on the appropriate regulator by—

(a)

the capital requirements regulation; or

(b)

any directly applicable regulation made under the capital requirements regulation.

“protected item” has the same meaning as in section 413 of FSMA.

Applications for permissions: process, information and documents U.K.

40.—(1) This regulation applies to an application to the appropriate regulator for—

(a) the grant of a permission;

(b) an amendment to an existing permission;

(c) an amendment to a condition to which an existing permission is subject.

(2) An application must—

(a) be made in such manner as the appropriate regulator may direct; and

(b) contain, or be accompanied by, such other information or documents as the appropriate regulator may reasonably require.

(3) At any time after receiving the application and before determining it, the appropriate regulator may require the applicant to provide it with such further information or documents as it may reasonably require.

(4) The appropriate regulator may require any information provided under this regulation to be provided in such form and verified in such manner as it may reasonably require.

(5) The appropriate regulator may require any documents provided under this regulation to be produced at such place and authenticated in such manner as it may reasonably require.

(6) Different directions may be given, and different requirements imposed, in relation to different applications or categories of application.

(7) The powers conferred on the appropriate regulator by this regulation may not be used to require the production of a protected item.

Decisions: written notices U.K.

41.—(1) On determining an application for the grant of a permission, the appropriate regulator must give the applicant a written notice stating—

(a) its decision; and

(b) if the permission is granted, any conditions to which the permission is subject and the date on which the permission takes effect.

(2) Where the appropriate regulator varies or revokes a permission, it must give the institution concerned a written notice stating—

(a) that the permission is varied or revoked; and

(b) the date on which the variation or revocation takes effect.

(3) Where the appropriate regulator amends a condition to which a permission is subject, it must give the institution concerned a written notice stating—

(a) the amended condition; and

(b) the date on which the amendment takes effect.

Appeals U.K.

42.—(1) Where an applicant is aggrieved at the determination of an application for the grant of a permission, it may refer the matter to the Tribunal.

(2) Where an institution has been granted a permission and is aggrieved at the variation or revocation of the permission or the amendment of a condition to which the permission is subject, it may refer the matter to the Tribunal.

(3) Part 9 of FSMA (hearings and appeals) applies to a reference to the Tribunal under this regulation as it applies to a reference to the Tribunal under an Act.

Publication of written notices U.K.

43.—(1) Subject to paragraph (2), the appropriate regulator must publish a relevant notice in the way appearing to the regulator to be best calculated for bringing it to the attention of—

(a) persons likely to be affected by it; and

(b) persons who are, in the opinion of the regulator, likely to make an application for a similar permission.

(2) Paragraph (1) does not apply if—

(a) the relevant notice relates to an application for a permission which has been refused; or

(b) the regulator is satisfied that it is inappropriate or unnecessary to publish the relevant notice.

(3) In deciding whether it is satisfied of the matters mentioned in paragraph (2)(b), the regulator must consider whether—

(a) publication would prejudice, to an unreasonable degree, the commercial interests of the person concerned or any other member of the person's immediate group;

(b) publication of the relevant notice without mentioning the identity of the person concerned might avoid any adverse consequence of publication.

(4) In this regulation, “relevant notice” means a written notice—

(a) given under regulation 41 in relation to a decision of a regulator; or

(b) stating that an event referred to in paragraph (5) has occurred in relation to that decision.

(5) The events mentioned in paragraph (4)(b) are—

(a) the decision has been referred to the Tribunal;

(b) the decision has been suspended by the Tribunal;

(c) any suspension of the decision has been revoked by the Tribunal;

(d) the reference has been dismissed by the Tribunal.

Transitional provision for matters done before commencement U.K.

44.—(1) This regulation applies to a decision made before 1st January 2014 to—

(a) refuse an application for the grant of a permission;

(b) vary or revoke a permission; or

(c) amend a condition to which a permission is subject.

(2) Regulations 40 to 43 apply to such a decision with the following modifications—

(a) omit regulation 40;

(b) the appropriate regulator must comply with the requirements of regulations 41 and 43 in relation to the decision no later than 1st January 2014; and

(c) regulation 42 applies to the decision, but with the period of time within which a reference may be made to the Tribunal commencing on 1st January 2014.

PART 9 U.K. Misleading the PRA or FCA

Misleading the PRA or FCA U.K.

45.  Section 398 of FSMA (misleading FCA or PRA: residual cases) applies to a requirement imposed by or under—

(a) the capital requirements regulation;

(b) a directly applicable regulation made under the capital requirements directive or capital requirements regulation; or

(c) these Regulations;

as it applies to a requirement imposed by or under FSMA.

PART 10 U.K. Amendments and revocations

Amendments and revocations U.K.

46.—(1) Schedule 2, which contains amendments to primary and secondary legislation, has effect.

(2) Schedule 3, which contains revocations of secondary legislation, has effect.

David Evennett

Mark Lancaster

Two of the Lords Commissioners of Her Majesty's Treasury

Regulation 1(3)

SCHEDULE 1 U.K. CRD transitional arrangements

In the table below—

(a) the provisions specified in the first column come into force on the dates specified in the second column or cease to have effect on the dates specified in the third column; and

(b) “transition date” means the date specified in the Commission delegated act to be made under Article 460(1) of the capital requirements regulation for the application of the liquidity coverage requirement.

Provision	Coming into force	Ceasing to have effect
Regulations 11(1)(d) to (f), 11(2) and 11(3)	Transition date	Not applicable
Regulation 12	1st January 2014	Transition date
Regulation 13	Transition date	Not applicable
Regulation 15(6)	Transition date	Not applicable
Regulations 16(5)(c) to (e)	Transition date	Not applicable
Paragraphs 15 and 16 of Part 1 of Schedule 2	Transition date	Not applicable

Regulation 46(1)

SCHEDULE 2 U.K. Amendments to primary and secondary legislation

PART 1 U.K. Amendments to FSMA

1.  FSMA is amended as follows. U.K.

2.  In section 1H(8) (further interpretative provisions for sections 1B to 1G) M35 , in the definition of “credit institution”, for “banking consolidation directive” substitute “ capital requirements directive ”. U.K.

Marginal Citations

M35 Section 1H was inserted by the Financial Services Act 2012 c.21, section 6. There are amendments to this section but none is relevant.

3.  In section 3M (directions relating to consolidated supervision of groups) M36 , in subsection (3)— U.K.

(a) in paragraph (a) for “banking consolidation directive” substitute “ capital requirements directive ” and

(b) omit paragraph (c).

Marginal Citations

M36 Section 3M was inserted by the Financial Services Act 2012, section 6.

4.  In section 39(8) (exemption of appointed representatives) M37 for “banking consolidation directive” substitute “ capital requirements directive ”. U.K.

Marginal Citations

M37 Section 39 was amended by the Financial Services Act 2012, sections 10 and 114 and Schedule 18 paragraphs 1 and 5.

5.  In section 55J(6A) (variation or cancellation on initiative of regulator) M38 , in paragraph (c), for “Directive 2006/49/EC of the European Parliament and the Council on capital adequacy of investment firms and credit institutions” substitute “ the capital requirements regulation or the capital requirements directive ”. U.K.

Marginal Citations

M38 Section 55J(6A) was inserted by S.I. 2013/1773.

6.  In section 55R (persons connected with an applicant) M39 , after subsection (3) insert— U.K.

“(4) Subsection (5) applies where—

(a) a credit institution (“B”) makes an application for permission under section 55A; and

(b) B is controlled by a person who also controls a credit institution, insurance undertaking or investment firm authorised in another EEA State.

(5) Before granting B's application for permission, the regulator concerned must consult the competent authorities of the other EEA State.

(6) In subsections (4) and (5), “credit institution”, “insurance undertaking” and “investment firm” have the meaning given in Article 4(1) of the capital requirements regulation.”.

Marginal Citations

M39 Section 55R was substituted by the Financial Services Act 2012, section 11.

7.  In section 55Z2 (notification of EBA) M40 — U.K.

(a) at the end of subsection (1)(a) omit “or”;

(b) at the end of subsection (1)(b), insert “ and the reasons for the cancellation; or ”;

(c) after subsection (1)(b) insert—

“(c) the giving by it of a Part 4A permission to a credit institution whose head office is not in an EEA State.”.

Marginal Citations

M40 Section 55Z2 was inserted by the Financial Services Act 2012, section 11.

8.  After section 55Z2 insert— U.K.

“55Z2A.    Notification of the European bodies

A regulator must notify the European Commission and the European Banking Committee established by European Commission Decision 2004/10/EC of any authorisation granted for the purposes of the capital requirements directive to a credit institution whose head office is not in an EEA State.”.

9.  In section 86(10)(a) (exempt offers to the public) M41 for “banking consolidation directive” subsistute “capital requirements directive”. U.K.

Marginal Citations

M41 Section 86 was substituted by S.I. 2005/1433 and amended by the Finacial Services Act 2012 section 16, and S.I. 2011/1668, S.I. 2012/1538 and S.I. 2013/1125.

10.  In section 184 (disregarded holdings) M42 — U.K.

(a) for subsection (8)(a) substitute—

“(a) manages holdings for its parent undertaking or a controlled undertaking of the parent undertaking;”;

(b) for subsection (8)(c)(ii) substitute—

“(ii) a controlled undertaking of the parent undertaking.”;

(c) after subsection (9) insert—

“(10) For the purposes of this section, an undertaking is a controlled undertaking of the parent undertaking if it is controlled by the parent undertaking; and for this purpose the question of whether one undertaking controls another is to be determined in accordance with section 89J(4) and (5).”.

Marginal Citations

M42 Section 184 was substituted by S.I. 2009/534 and amended by S.I. 2011/1613.

11.  In section 186(b) (assessment criteria) M43 after “the reputation”, insert “ , knowledge, skills ”. U.K.

Marginal Citations

M43 Section 186 was substituted by S.I. 2009/534.

12.  In section 188 (assessment: consultation with EC competent authorities) M44 in subsection (3) for “by a host state regulator in relation to a UK authorised person” substitute “ in relation to a UK authorised person by the home state regulator of an EEA firm ”. U.K.

Marginal Citations

M44 Section 188 was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012 (c.21).

13.  In section 190(4)(b)(v) (requests for further information) M45 for “banking consolidation directive” substitute “ capital requirements directive ”. U.K.

Marginal Citations

M45 Section 190 was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012 and S.I. 2011/1043.

14.  In section 191G(1) (interpretation) M46 , in paragraph (a) of the definition of “credit institution” for “banking consolidation directive” substitute “ capital requirements directive ”. U.K.

Marginal Citations

M46 Section 191G was substituted by S.I. 2009/534 and amenede by section 26 of the Financial Services Act 2012

15.  After section 194A (contravention by relevant EEA firm with UK branch of requirement under markets in financial instruments directive: appropriate regulator primarily responsible for securing compliance) M47 insert M48 — U.K.

“194B.    Contravention by relevant EEA firm of requirement in capital requirements directive or capital requirements regulation

(1) In this section—

(a) “relevant EEA firm” means an EEA firm falling within paragraph 5(a) or 5(b) of Schedule 3 which is exercising in the United Kingdom an EEA right deriving from capital requirements directive; and

(b) “Article 3” means Article 3 of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions.

(2) This section applies where—

(a) a relevant EEA firm has a branch, or is providing services, in the United Kingdom; and

(b) the appropriate regulator ascertains on the basis of information received from the home state regulator that the firm is contravening, or is at a material risk of contravening, a requirement of the capital requirements directive or capital requirements regulation.

(3) The appropriate regulator must, without delay, notify the firm's home state regulator of the need for it to take all appropriate measures to ensure that the firm remedies the contravention or averts the risk of contravention.

(4) If notice has been given under subsection (3) and the appropriate regulator considers that the home state regulator is failing to comply with its obligations in respect of the contravention or the risk of contravention, the appropriate regulator may refer the matter to EBA (and EBA may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority)).

(5) The appropriate regulator may exercise its power of intervention in respect of the relevant EEA firm if—

(a) the requirement to be imposed under section 196 is necessary and appropriate to protect against financial instability that would seriously threaten the collective interests of consumers in the United Kingdom;

(b) the situation is an emergency;

(c) the home state regulator has not yet taken measures to ensure the contravention or risk of contravention is remedied; and

(d) reorganisation measures of the kind referred to in Article 3 have not been commenced.

(6) Any requirement imposed by virtue of paragraph (5)—

(a) must not favour creditors in the United Kingdom over creditors in another EEA State;

(b) must be rescinded if the administrative or judicial authorities of the home EEA State take reorganisation measures under Article 3;

(c) must be rescinded if the appropriate regulator considers that the home state regulator has taken appropriate measures to ensure the firm remedies the contravention or averts the risk of contravention

(7) The appropriate regulator must give the firm written notice of its reasons for imposing a requirement under subsection (5).

(8) The appropriate regulator shall inform the Commission, EBA and regulators in affected Member States of the imposition of a requirement by virtue of subsection (5).

(9) This section is without prejudice to the powers available to the appropriate regulator under section 199.

(10) For the purposes of this section “appropriate regulator” means the PRA in relation to a PRA-authorised person and the FCA in relation to any other person.”.

Marginal Citations

M47 Section 194A was inserted by S.I. 2007/126 and amended by the Financial Services Act 2012, section 12 and schedule 4 paragraph 29 and 33 and S.I. 2012/916.

M48 Paragraph 15 comes into force on a date specified in a Commission delegated act. See Schedule 1.

16.  In section 199 M49 — U.K.

(a) for subsection (7) M50 substitute—

“(7) In such case, the regulator must at the earliest opportunity—

(a) where the single market directive or directly applicable Community regulation in question is the capital requirements directive or the capital requirements regulation, inform the firm's home state regulator, the Commission, EBA and any other affected regulators of other EEA States;

(b) in the case of any other single market directive or directly applicable Community regulation, inform the firm's home state regulator, ESMA and the Commission.

(7A) Where the single market directive or directly applicable Community regulation in question is the capital requirements directive or the capital requirements regulation the regulator must rescind any requirement imposed on the firm where the home state regulator has taken appropriate measures in accordance with section 199B(4).”.

Marginal Citations

M49 Paragraph 16 comes into force on a date specified in a Commission delegated act. See Schedule 1.

M50 Section 199(7) was amended by the Financial Services Act 2012, section 12 and Schedule 4 paragraphs 29 and 39 and amended by S.I. 2012/916. There are other amendments to section 199 not relevant to these Regulations.

17.  In section 301E (disregarded holdings) M51 — U.K.

(a) for subsection (8)(a) substitute—

“(a) manages holdings for its parent undertaking or a controlled undertaking of the parent undertaking;”;

(b) for subsection (8)(c)(ii) substitute—

“(ii) a controlled undertaking of the parent undertaking.”;

(c) after subsection (9) insert—

“(10) For the purposes of this section, an undertaking is a controlled undertaking of the parent undertaking if it is controlled by the parent undertaking; and for this purpose the question of whether one undertaking controls another is to be determined in accordance with section 89J(4) and (5).”.

Marginal Citations

M51 Section 301E was inserted by S.I. 2007/126, substituted by S.I. 2009/534 and amended by S.I. 2011/1613.

18.  In section 301M(1) (interpretation) M52 in paragraph (a) of the definition of “credit institution” for “banking consolidation directive” substitute “ capital requirements directive ”. U.K.

Marginal Citations

M52 Section 301M was inserted by S.I. 2007/126, and substituted by S.I. 2009/543.

19.  In section 313D (interpretation of part 18A) M53 in paragraph (c) of the the definition of “institution” for “banking consolidation directive” substitute “ capital requirements directive ”. U.K.

Marginal Citations

M53 Section 313D was inserted by S.I. 2007/126 and amended by section 36 of the Financial Services Act 2012 and S.I. 2010/1193.

20.—(1) Section 342 (information given by auditor or actuary to a regulator) M54 is amended as follows. U.K.

(2) After subsection (6) insert—

“(6A) If the authorised person concerned is a credit institution or an investment firm, and an auditor or actuary communicates a matter to a regulator in accordance with the regulations, the matter must be disclosed simultaneously to the management body of the authorised person, unless there are compelling reasons not to do so.”.

(3) After subsection (7) insert—

“(8) In subsection (6A) “credit institution” and “investment firm” have the same meaning as in Article 4(1) of the capital requirements regulation.”.

Marginal Citations

M54 Section 342 was amended by Schedule 13, paragraphs 1, 4 to the Financial Services Act 2012 (c.21).

21.—(1) Section 343 (information given by auditor or actuary to a regulator: persons with close links) M55 is amended as follows. U.K.

(2) After subsection (6) insert—

“(6A) If the authorised person concerned is a credit institution or an investment firm, and an auditor or actuary communicates a matter to a regulator in accordance with the regulations, the matter must be disclosed simultaneously to the management body of the authorised person, unless there are compelling reasons not to do so.”.

(3) After subsection (9) insert—

“(10) In subsection (6A) “credit institution” and “investment firm” have the same meaning as in Article 4(1) of the capital requirements regulation.”.

Marginal Citations

M55 Section 343 was amended by Schedule 13, paragraphs 1, 5 to the Financial Services Act 2012.

22.  In section 391 (publication) M56 , after subsection (4) insert— U.K.

“(4A) Subsection (4) is subject to section 391A.”

Marginal Citations

M56 Section 391 was amended by the Financial Services Act 2012, section 37 and Schedule 9 paragraphs 1 and 30. There are other amendments not relevant to these Regulations.

23.  After section 391 insert— U.K.

“391A    Publication: special provisions relating to certain penalties

(1) This section applies where a decision notice or final notice relates to the imposition of a penalty to which Article 68(1) of the capital requirements directive applies.

(2) Where a regulator publishes information under section 391(4) about a matter to which a decision notice relates and the person to whom the notice is given refers the matter to the Tribunal, the regulator must, without undue delay, publish on its official website information about the status of the appeal and its outcome.

(3) Subject to subsection (4), where a regulator gives a final notice, the regulator must publish information on the type and nature of the breach and the identity of the person on whom the penalty is imposed.

(4) Information about a matter to which a final notice relates must be published anonymously where—

(a) the penalty is imposed on an individual and, following an obligatory prior assessment, publication of personal data is found to be disproportionate;

(b) publication would jeopardise the stability of financial markets or an ongoing criminal investigation; or

(c) publication would cause, insofar as it can be determined, disproportionate damage to the persons involved.

(5) Where subsection (4) applies, the regulator may make such arrangements as to the publication of information (including as to the timing of publication) as are necessary to preserve the anonymity of the person on whom the penalty is imposed.

(6) Where a regulator publishes information in accordance with subsections (2) to (5), the regulator must—

(a) publish the information on its official website;

(b) ensure the information remains on its official website for at least five years, unless the information is personal data and the Data Protection Act 1998 requires the information to be retained for a different period; and

(c) disclose to EBA any penalty imposed, any appeal against such a penalty and the outcome of the appeal, unless such a disclosure is not permitted by section 348.”.

24.  In section 417(1) (definitions) M57 , at the appropriate places, insert— U.K.

““capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC.”

““capital requirements regulation” means Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012.”.

Marginal Citations

M57 Section 417. There are amendments to this section but none are relevant.

25.  In section 422 (controller) M58 — U.K.

(a) in subsection (5)(a)(v) for “subsidiary undertaking” substitute “ controlled undertaking ”;

(b) after subsection (5) insert—

“(6) For the purposes of this section, an undertaking “B” is a controlled undertaking of H if any of the conditions in section 89J(4)(a) to (d) (read with section 89J(5)) is met (reading references in those provisions to A as references to H).”.

Marginal Citations

M58 Section 422 was substituted by S.I. 2009/534.

26.  In section 422A (disregarded holdings) M59 — U.K.

(a) for subsection (8)(a) substitute—

“(a) manages holdings for its parent undertaking or a controlled undertaking of its parent undertaking;”;

(b) for subsection (8)(c)(ii) substitute—

“(ii) a controlled undertaking of the parent undertaking.”;

(c) in subsection (10)(a) for “banking consolidation directive” substitute “ capital requirements directive ”;

(d) after subsection (10) insert—

“(11) For the purposes of this section, an undertaking is a controlled undertaking of the parent undertaking if it is controlled by the parent undertaking; and for this purpose the question of whether one undertaking controls another is to be determined in accordance with section 89J(4) and (5).”.

Marginal Citations

M59 Section 422A was inserted by S.I. 2009/534 and amended by S.I. 2011/1613.

27.  In section 425(1)(a) (expressions relating to authorisation elsewhere in the single market) M60 for “banking consolidation directive” substitute “ capital requirements directive ”. U.K.

Marginal Citations

M60 Section 425 was amended by S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/2975, S.I. 2007/126, S.I. 2007/3252 and S.I. 2012/1906.

28.  In section 425A(7) (consumers: regulated activities etc carried on by authorised persons) M61 in paragraph (a) of the definition of “credit institution” for “banking consolidation directive” substitute “ capital requirements directive ”. U.K.

Marginal Citations

M61 Section 425A was inserted by section 24 of the Financial Services Act 2012 and amended by S.I. 2013/655.

29.—(1) Schedule 3 (EEA passport rights) is amended as follows. U.K.

(2) In paragraph 1(a) (the single market directives) M62 , for “the banking consolidation directive” substitute “ capital requirements directive ”.

(3) Omit paragraph 2 (the banking consolidation directive) M63 .

(4) For paragraph 5(b) (EEA firm) M64 substitute—

“(b) a credit institution (as defined in Article 4(1)(1) of the capital requirements regulation) which is authorised (within the meaning of Article 8 of the capital requirements directive) by its home state regulator;”.

(5) For paragraph 5(c) substitute—

“(c) a financial institution (as defined in Article 4(1)(26) of the capital requirements regulation) which is a subsidiary of the kind mentioned in Article 34 of the capital requirements directive and which fulfils the conditions of that Article;”.

(6) In paragraph 19(6) (establishment) M65 for “banking consolidation directive” in both places substitute “ capital requirements directive ”.

(7) In paragraph 19(12)—

(a) at the end of paragraph (a) omit “and”;

(b) after subparagraph (a) insert—

“(aa) the appropriate UK regulator must in the case of a credit institution notify EBA and the Commission; and”.

(8) In paragraph 20(3) (services) M66 for “banking consolidation directive” substitute “ capital requirements directive ”.

(9) At the end of paragraph 20ZA (information for host state regulator) M67 insert—

“(3) The appropriate UK regulator must inform the host state regulator whenever it withdraws the authorisation of a credit institution in respect of which a notice under paragraph 19(6) or paragraph 20(3) has been given.”.

(10) In paragraph 24(1)(b) (continuing regulation of UK firms) M68 for “Article 24 of the banking consolidation directive” substitute” Article 34 of the capital requirements directive”.

Marginal Citations

M62 Paragraph 1(a) was substituted by S.I. 2000/2952.

M63 Paragraph 2 was substituted by S.I. 2006/3221 and amended by S.I. 2010/2628 and S.I. 2012/917.

M64 Paragraph 5 was amended by S.I.2003/1473 and S.I. 2006/3221. There are other amendments but none is relevant.

M65 Paragraph 19 was amended by S.I. 2003/2066 and S.I. 2011/1613 and the Financial Services Act 2012 section 12 and Schedule 4 paragraphs 1 and 10. There are other amendments but none is relevant.

M66 Paragrpah 20(3) was amended by S.I. 2003/2066 and S.I. 2007/126.

M67 Paragraph 20ZA was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012 section 12 and Schedule 4 paragraphs 1, 12 and 13.

M68 Paragraph 24(1)(b) was amended by S.I. 2000/2952 and S.I. 2006/3221.

30.  In paragraph 8(6) of Schedule 11A (transferrable securities) M69 for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”. U.K.

Marginal Citations

M69 Paragraph 8(6) was amended by S.I. 2006/3221 and S.I.2011/99.

PART 2 U.K. Amendments to other primary legislation

Superannuation Act 1972 U.K.

31.  In section 1of the Superannuation Act 1972 M70 (superannuation schemes as respects civil servants, etc.) in subsections (9C)(a) and (9D)(a) for “Banking Consolidation Directive” substitute “ capital requirements directive ”.

Marginal Citations

M70 1974 (c. 74). Section 1(9C) and section 1(9D) were inserted by S.I. 2001/3649.

Consumer Credit Act 1974 U.K.

32.  In section 25(1C) of the Consumer Credit Act 1974 M71 (licensee to be a fit person) for the words “Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (as that annex was last amended by Directive 2009/111/EC)” substitute “ Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC. ”.

Marginal Citations

M71 1974 c. 39. Section 25(1C) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3221, S.I. 2007/126 and S.I. 2011/99. It is repealed by S.I. 2013/1881.

Judicial Pensions Act 1981 U.K.

33.  In section 33A of the Judicial Pensions Act 1981 M72 (voluntary contributions), in subsections (9C)(a) and (9D)(a) for “Banking Consolidation Directive” substitute “ capital requirements directive ”.

Marginal Citations

M72 1981 c. 20. Section 33A was inserted by the Courts and Legal Services Act 1990 s82(1) and subsections (9C) and (9D) were inserted by S.I. 2001/3649.

Building Societies Act 1986 U.K.

34.  In section 119 of the Building Societies Act 1986 M73 (interpretation)—

(a) in subsection (1), for the definition of “own funds” substitute—

““own funds” means own funds as defined in Article 4(1)(118) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council;”; and

(b) omit subsection (2B).

Marginal Citations

M73 1986 c.53. Section 119 was amended by S.I. 2001/3649, S.I 2006/3221, S.I. 2010/2628 and S.I. 2012/917. There are other amendments which are not relevant for these purposes.

35.  In paragraph 23 of Schedule 2 to the Building Societies Act 1986 M74 — U.K.

(a) in sub-paragraph (1), after “paragraphs 5(3), 7(4) and 8(4) above” insert “ and sub-paragraph (5A) below ”;

(b) after sub-paragraph (5) insert—

“(5A) If the rules of the society so provide, a member who is also an employee of the building society shall not be entitled to exercise, directly or indirectly, any voting rights that the member may have with respect to a relevant resolution.

(5B) For the purposes of sub-paragraph (5a), a relevant resolution is a resolution to approve an increase in the maximum ratio between the fixed and variable components of remuneration as permitted by Article 94(1)(g)(i) of the capital requirements directive (whereby the level of the variable component may be set at up to 200% of the level of the fixed component), where the member referred to would be directly affected by the increase.

(5C) In sub-paragraph (5B) the “capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC.”.

Marginal Citations

M74 Paragraph 23 was amended by the Building Societies Act 1997 c.32, SI 2003/404 and SI 2011/593.

Judicial Pensions and Retirement Act 1993 U.K.

36.  In section 10 of the Judicial Pensions and Retirement Act 1993 M75 (additional benefits from voluntary contributions), in subsections (8C)(a) and (8D)(a) for “Banking Consolidation Directive” substitute “ capital requirements directive ”.

Marginal Citations

M75 1993 c.8. Sections 9A(8C) and (8D) were inserted by S.I. 2001/3649.

Criminal Justice Act 1993 U.K.

37.  For paragraphs (a) and (b) of section 70(2) of the Criminal Justice Act 1993 M76 (penalties under implementation regulations) substitute—

“(a) Articles 52 and 159 of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (which requires the United Kingdom to make provision for the exercise in the United Kingdom by supervisory authorities of other Member States of information and inspection powers in relation to institutions authorised by them), or

(b) Articles 119(2) and (3), 122 and 124 to 126 of that Directive (which make similar provision in relation to the consolidated supervision of institutions).”.

Marginal Citations

M76 1993 c. 36. Section 70(2) was amended by S.I. 2000/2952, S.I. 2001/3649 and S.I. 2006/3221.

Bank of England Act 1998 U.K.

38.—(1) The Bank of England Act 1998 M77 is amended as follows.

(2) After section 2A M78 (financial stability objective) insert—

“2AA.    Macro-prudential measures: Article 458 of the capital requirements regulation

(1) The Bank is responsible for the application of Article 458 of the capital requirements regulation so far as it relates to measures which are prescribed by order under section 9L (macro-prudential measures).

(2) The Treasury are responsible for the application of Article 458 of the capital requirements regulation so far as it relates to measures which are not so prescribed.”.

(3) For section 17(7C) M79 (power to obtain information) substitute—

“(7C) “Financial holding company” has the meaning given by Article 4(1)(20) of the capital requirements regulation.”.

Marginal Citations

M77 1998 c.11.

M78 Section 2A was inserted by section 4 of the Financial Services Act 2012 (c.21).

M79 Section 17(7C) was inserted by S.I 2001/3649 and amended by S.I. 2006/3221.

39.  For section 41 M80 (general interpretation) substitute— U.K.

“41.    General interpretation

In this Act—

“the Bank” means the Bank of England;

“the capital requirements regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council.”.

Marginal Citations

M80 Section 9ZA was inserted by section 4 of the Financial Services Act 2012.

Terrorism Act 2000 U.K.

40.—(1) The Terrorism Act 2000 M81 is amended as follows.

(2) In Schedule 3A (regulated sector and supervisory authorities) M82 —

(a) in paragraph 1(b) (business in the regulated sector) for “Banking Consolidation Directive” substitute “ Capital Requirements Directive ” in both places where it appears;

(b) in paragraph 1(2)(a) for “Article 4(1) of the Banking Consolidation Directive” substitute “ Article 4(1)(1) of the Capital Requirements Regulation ”.

(c) in paragraph 1(2)(b) for “Article 4(3) of that Directive” substitute “ Article 4(1)(17) of that Regulation ”;

(d) in paragraph 3(1) (interpretation)—

(i) omit the definition of “the Banking Consolidation Directive”; and

(ii) at the appropriate place insert—

“the Capital Requirements Regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council”;

(e) In paragraph 3(3) for “Banking Consolidation Directive” substitute “ Capital Requirements Regulation ”.

(3) In paragraph 6(1) M83 of Schedule 6 (financial institution)—

(a) for paragraph (g) substitute—

“(g) a European institution carrying on a home Member State regulated activity (within the meaning of Regulation (EU) No. 575/2013 of the European Parliament and of the Council);”;

(b) in paragraph (h) for “that Directive” substitute “ Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013, ”.

Marginal Citations

M81 2000 c. 11.

M82 Schedule 3A was inserted by the Anti-terrorism, Crime and Security Act 2001 c.24, section 3 and Schedule 2(3) paragraphs 5(1) and (6) and substituted by S.I. 2007/3288. Relevant amendments were mande by S.I. 2011/99 and S.I. 2011/2701.

M83 Relevant amendments were made by S.I. 2000/2952, S.I. 2006/3221 and S.I. 2011/99.

Proceeds of Crime Act 2002 U.K.

41.—(1) Schedule 9 to the Proceeds of Crime Act 2002 M84 (regulated sector and supervisory authorities) is amended as follows.

(2) In paragraph 1(1)(b) M85 (business in the regulated sector) for “Banking Consolidation Directive” substitute “ Capital Requirements Regulation ” in both places where it appears.

(3) In paragraph 1(2)(a) for “Article 4(1) of the Banking Consolidation Directive” substitute “ Article 4(1)(1) of the Capital Requirements Regulation ”.

(4) In paragraph 1(2)(b) for “Article 4(3) of that Directive” substitute “ Article 4(1)(17) of that Regulation ”.

(5) In paragraph 3(1) M86 (interpretation)—

(a) omit the definition of “the Banking Consolidation Directive”; and

(b) at the appropriate place insert—

““the Capital Requirements Regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council”.

Marginal Citations

M84 Proceeds of Crime Act 2002 c. 29. Part 1 of Schedule 9 was substituted by S.I. 2007/3287.

M85 Paragraph 1(1)(b) was amended by S.I. 2011/99.

M86 Paragraph 3(1) was amended by S.I. 2011/99.

Companies Act 2006 U.K.

42.—(1) The Companies Act 2006 M87 is amended as follows.

(2) In section 1173(1) M88 (minor definitions: general) for the definition of “credit institution” substitute—

““credit institution” means a credit institution as defined in Article 4(1)(1) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council.”

(3) In section 1210(3) M89 (meaning of “statutory auditor”), in the definition of “bank”, for paragraph (a) substitute—

“(a) is a credit institution within the meaning of Article 4(1)(1) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council, and”.

Marginal Citations

M87 2006 c. 46.

M88 Section 1173(1) was amended by S.I. 2011/99.

M89 Section 1210(3) was amended by S.I. 2008/565, S.I. 2011/99 and S.I, 2012/1809.

Banking (Special Provisions) Act 2008 U.K.

43.—(1) Section 15 of the Banking (Special Provisions) Act 2008 M90 (interpretation) is amended as follows.

(2) In subsection (2) for “Section 1 of Chapter 2 of Title V of the Banking Consolidation Directive” substitute “ Title 1 of Part Two of Regulation (EU) No. 575/2013 of the European Parliament and of the Council ”.

(3) Omit subsection (3).

Marginal Citations

M90 2008 c.2. Relevant amendments were made by S.I. 2010/2628 and S.I. 2013/917.

Counter-Terrorism Act 2008 U.K.

44.—(1) Schedule 7 to the Counter-Terrorism Act 2008 M91 (terrorist financing and money laundering) is amended as follows.

(2) In paragraph 5 (meaning of “credit institution” and “financial institution”)—

(a) in sub-paragraph (1), for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”; and

(b) in sub-paragraph (2)(a) for “banking consolidation directive” substitute “ capital requirements directive ” in each place where it appears.

(3) In paragraph 7 (interpretation of this Part)—

(a) omit the definition of “the banking consolidation directive”; and

(b) insert at the relevant place—

“the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;

“the capital requirements regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council;”.

(4) In paragraph 46 (index of defined expressions)—

(a) omit the entry for “banking consolidation directive”;

(b) insert the following entries at the appropriate place—

expression	provision
the capital requirements directive	paragraph 7
the capital requirements regulation	paragraph 7

Marginal Citations

M91 2008 c. 28. Schedule 7 was amended by the Terrorist Asset-Freezing etc. Act 2010 c.38 and S.I. 2011/99.

Banking Act 2009 U.K.

45.—(1) The Banking Act 2009 M92 is amended as follows.

(2) In section 14(5)(b) M93 (interpretation: “securities”) for the words from “section 1” to the end of that paragraph substitute “ Title 1 of Part 2 of Regulation (EU) No. 575/2013 of the European Parliament and of the Council. ”

(3) In section 258A(1) M94 (“investment firm”) for “Directive 2006/49/EC on the capital adequacy of investment firms and credit institutions” substitute “ Regulation (EU) No. 575/2013 of the European Parliament and of the Council. ”.

Marginal Citations

M92 2009 c.1.

M93 Section 14(5) was amended by S.I. 2628/2010.

M94 Section 258A was inserted by the Financial Services Act 2012.

PART 3 U.K. Amendments to secondary legislation

Credit Institutions (Protection of Depositors) Regulations 1995 U.K.

46.  In regulation 2(1) of the Credit Institutions (Protection of Depositors) Regulations 1995 M95 (interpretation) omit the definition of “Banking Consolidation Directive”.

Marginal Citations

M95 S.I. 1995/1442. Relevant amendments were made by S.I. 2001/3649 and S.I. 2013/472.

Cash Ratio Deposits (Eligible Liabilities) Order 1998 U.K.

47.  In article 2(3) of the Cash Ratio Deposits (Eligible Liabilities) Order 1998 M96 (interpretation) for “Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions as last amended on 24th November 2010 by Directives 2010/76/EU and 2010/78/EU of the European Parliament and of the Council” substitute “ Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC ”.

Marginal Citations

M96 S.I.1998/1130. Article 2(3) was amended by S.I. 2006/3221, S.I. 2010/2628 and S.I. 2012/917. There are other amending instruments but none is relevant.

Financial Markets and Insolvency (Settlement Finality) Regulations 1999 U.K.

48.  In regulation 2(1) of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 M97 (interpretation) for the definition of “credit institution” substitute—

““credit institution” means a credit institution as defined in Article 4(1)(1) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012;”.

Marginal Citations

M97 S.I. 1999/2979. Regulation 2(1) was amended by S.I. 2006/3221, S.I. 2010/2993 and S.I. 2011/99.

Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000 U.K.

49.  Paragraph 1 of the Schedule to the Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000 M98 (applicable turnover: interpretation) is amended as follows—

(a) for the definition of “credit institution” substitute—

““credit institution” means a credit institution for the purposes of Article 4(1)(1) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012;”;

(b) for the definition of “financial institution” substitute—

““financial institution” means a financial institution for the purposes of Article 4(1)(26) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012 or any undertaking located outside the EEA which does not fall within the definition in that Article but which carries on equivalent activities;”.

Marginal Citations

M98 S.I. 2000/262.

Competition Act 1998 (Determination of Turnover for Penalties) Order 2000 U.K.

50.  Paragraph 1(1) of the Schedule to the Competition Act 1998 (Determination of Turnover for Penalties) Order 2000 M99 (applicable turnover: interpretation) is amended as follows—

(a) for the definition of “credit institution” substitute—

““credit institution” means a credit institution for the purposes of Article 4(1)(1) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012;”;

(b) for the definition of “financial institution” substitute—

““financial institution” means a financial institution for the purposes of Article 4(1)(26) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012 or any undertaking located outside the EEA which does not fall within the definition in that Article but which carries on equivalent activities;”.

Marginal Citations

M99 S.I. 2000/309. Paragraph 1 was amended by S.I. 2000/2952, S.I. 2004/1259, S.I. 2006/3221 and S.I. 2011/99. There are other amendments but none is relevant.

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 U.K.

51.—(1) The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M100 is amended as follows.

(2) In article 3(1) M101 (interpretation)—

(a) in paragraph (a) of the definition of “credit institution” for “banking consolidation directive (as last amended by Directive 2009/111/EC)” substitute “ capital requirements directive ”;

(b) in the definition of “home Member State” for “Article 4.7 of the banking consolidation directive” substitute “ Article 4(1)(43) of the capital requirements regulation ”.

(3) In article 9C(2) M102 (persons certified as small issuers etc) for “Article 4(1)(a) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”.

Marginal Citations

M100 S.I. 2001/544.

M101 Article 3(1) was amended by S.I. 2006/3384 and S.I. 2011/99. There are other amendments not relevant to these Regulations.

M102 Article 9C(2) was inserted by S.I. 2002/682 and amended by S.I. 2006/3221. There are other amendments not relevant to these Regulations.

Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001 U.K.

52.—(1) The Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001 M103 are amended as follows.

(2) In regulation 3(1) M104 (interpretation)—

(a) in the definition of “branch” for “Article 4.3 of the banking consolidation directive” substitute “ Article 4(1)(17) of the capital requirements regulation ”;

(b) in paragraph (a) of the definition of “credit institution” for “banking consolidation directive” substitute “ capital requirements directive ”.

(3) In paragraph 7B(4)(b) M105 of the Schedule (recognition requirements for investment exchanges: access to the exchange's facilities) for “banking consolidation directive” substitute “ capital requirements directive ”.

Marginal Citations

M103 S.I. 2001/995.

M104 Regulation 3(1) was amended by S.I.2006/3386. There are other amendments not relevant to these Regulations.

M105 Paragraph 7B was inserted by S.I. 2006/3386 and amended by S.I.2013/472.

Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 U.K.

53.  In regulation 1(2) (interpretation) of the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 M106 , in the definition of “EEA credit institution” for “banking consolidation directive” substitute “ capital requirements directive ”.

Marginal Citations

M106 S.I. 2001/1217. Regulation 1(2) was amended by S.I. 2006/3414. There are other amendments not relevant to these Regulations.

Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001 U.K.

54.  In regulation 1(2) (interpretation) of the Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001 M107 , in the definition of “credit institution” for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”.

Marginal Citations

M107 S.I. 2001/1783. Regulation 1(2) was amended by S.I. 2006/3221. There are other amendments not relevant to these Regulations.

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 U.K.

55.—(1) The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M108 are amended as follows.

(2) In regulation 2 M109 (interpretation)—

(a) in the definition of “markets in financial instruments directive information” for “Directive 2006/49/EC of the European Parliament and of the Council as last amended on 24th November 2010 by Directives 2010/76/EU and 2010/78/EU of the European Parliament and of the Council” substitute “ the capital requirements directive ”;

(b) in the definition of “single market restrictions”, for paragraph (b) substitute—

“(b) section 2 of Chapter 1 of Title 7 of the capital requirements directive”;

(3) In regulation 9 M110 (disclosure by regulators or regulator workers to certain other persons)—

(a) after paragraph (1) insert—

“(1A) A regulator or a person who is employed by a regulator may disclose confidential information if it is necessary to do so in order to publish the outcome of a stress test conducted in respect of a credit institution or investment firm in accordance with Article 100 of the capital requirements directive or Article 32 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council establishing a European Supervisory Authority (European Banking Authority).”;

(b) for paragraph (2ZA)(b) substitute—

“(b) article 55 of the capital requirements directive;”;

(c) for paragraph (3)(b)(ii) substitute—

“(ii) articles 52 and 159 of the capital requirements directive;”;

(d) for paragraph (4) substitute—

“(4) Paragraph (1) does not permit disclosure—

(a) in breach of any restriction on the disclosure of confidential information in Section 2 of Chapter 1 of Title 7 of the capital requirements directive; or

(b) to persons specified in the first column in Part 5 of Schedule 1 (except to the extent that they are referred to in other parts of the Schedule) other than where—

(i) it is obtained by the FCA or PRA in the course of discharging its functions under the capital requirements directive or the capital requirements regulation;

(ii) there is an emergency situation, as referred to in Article 114 of the capital requirements directive; and

(iii) such information is relevant for the performance of such persons' functions.”.

(4) In Schedule 1 M111 (disclosure of confidential information whether or not subject to single market restrictions), in Part 1—

(a) in paragraph (b)(iii) of the entry in the right-hand column of the table next to the entry for the Office of Fair Trading, for “article 47(a) of the banking consolidation directive” substitute “ article 56(a) of the capital requirements directive ”;

(b) in paragraph (b)(iii) of the entry in the right-hand column of the table next to the entry for the Competition Commission, for “article 47(a) of the banking consolidation directive” substitute “ article 56(a) of the capital requirements directive ”.

Marginal Citations

M108 S.I. 2001/2188.

M109 Regulation 2 was amended by S.I. 2004/1862, S.I. 2006/3413, S.I. 2012/916 and S.I 2013/504. There are other amendments not relevant to these Regulations.

M110 Regulation 9 was amended by S.I. 2006/3413, S.I. 2004/3379, S.I. 2006/3221, S.I. 2007/3255, S.I. 2010/2628, S.I. 2013/472 and S.I. 2013/1773. There are other amendments not relvant to these Regulations.

M111 Schedule 1 was amended by S.I. 2006/3413 and S.I. 2010/2628. There are other amendments not relevant to these Regulations.

Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 U.K.

56.—(1) The Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 M112 are amended as follows.

(2) In regulation 2 (establishment of a branch: contents of consent notice)—

(a) in paragraph (3)—

(i) in sub-paragraph (c), for “Section 1 of Chapter 2 of Title V to the banking consolidation directive” substitute “ Article 4(1)(118) of the capital requirements regulation ”;

(ii) for sub-paragraph (d) M113 substitute—

“(d) the own funds requirements under Article 92 of the capital requirements regulation of that institution.”;

(b) in paragraph (4) M114 —

(i) in sub-paragraph (c), for “Section 1 of Chapter 2 of Title V to the banking consolidation directive” substitute “ Article 4(1)(118) of the capital requirements regulation ”;

(ii) for sub-paragraph (d) substitute—

“(d) the own funds requirements under Article 92 of the capital requirements regulation of the firm's parent undertaking.”.

(3) For regulation 2A(2) M115 (prescribed cases: establishment) substitute—

“(2) The case is the receipt by the FCA of a consent notice in respect of an investment firm to which the obligation in Article 28(2) of the capital requirements directive applies, where the investment firm intends to provide services or activities in the United Kingdom which consist of or include dealing on its own account.”.

(4) In regulation 11(1) (UK management companies, credit institutions and financial institutions: changes to branch details) M116 for “banking consolidation directive” substitute “ capital requirements directive ”.

Marginal Citations

M112 S.I. 2001/2511.

M113 Sub-paragraph (d) was amended by S.I. 2002/765, 2011/99 and 2006/3221.

M114 Paragraph (4) was amended by S.I.2002/765, S.I. 2006/3221 and S.I. 2001/99.

M115 Regulation 2A was inserted by S.I. 2013/439.

M116 Regulation 11(1) was amended by S.I. 2003/2066 and S.I. 2006/3385.

Financial Services and Markets Act 2000 (Gibraltar) Order 2001 U.K.

57.—(1) The Financial Services and Markets Act 2000 (Gibraltar) Order 2001 M117 is amended as follows.

(2) In article 2(2) M118 (exercise of deemed passport rights by Gibraltar-based firms) for “banking consolidation directive” substitute “ capital requirements directive ”.

(3) In article 4(4) M119 (exercise by UK firms of deemed passport rights in Gibraltar) for “Article 24 of the banking consolidation directive” substitute “ Article 34 of the capital requirements directive ”.

Marginal Citations

M117 S.I. 2001/3084.

M118 Article 2(2) was amended by S.I. 2006/1805.

M119 Article 4(4) was amended by S.I. 2006/3221.

Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001 U.K.

58.—(1) The Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001 M120 is amended as follows.

(2) In article 2(1) (interpretation) in the definition of “an EEA regulatory authority” for “banking consolidation directive” substitute “ capital requirements directive ”.

(3) In article 4(2) M121 (information to be treated as single market directive information) for “Article 43 of the banking consolidation directive” substitute “ Articles 52 and 159 of the capital requirements directive ”.

(4) In article 6(4) M122 (information supplied before commencement by an overseas regulatory authority) for “Article 43 of the banking consolidation directive” substitute “ Articles 52 and 159 of the capital requirements directive ”.

Marginal Citations

M120 S.I. 2001/3648.

M121 Article 4(2) was amended by S.I. 2006/3221.

M122 Article 6(4) was amended by S.I. 2006/3221.

Uncertificated Securities Regulations 2001 U.K.

59.  Paragraph 28(4) (access to central counterparty, clearing and settlement facilities) of Schedule 1 to the Uncertificated Securities Regulations 2001 M123 is amended as follows—

(a) omit the definition of “banking consolidation directive”;

(b) in the definition of “branch” for “Article 4.3 of the banking consolidation directive” substitute “ Article 4(1)(17) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012 ”;

(c) in the definition of “credit institution” for “the banking consolidation directive” substitute “ Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC ”.

Marginal Citations

M123 S.I. 2001/3755. Paragraph 28(4) of Schedule 1 was inserted by S.I. 2007/124 and amended by S.I. 2010/2628, S.I. 2012/917 and S.I. 2013/472.

Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 U.K.

60.  Paragraph 1 of the Schedule (applicable turnover: interpretation) to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 M124 is amended as follows—

(a) for the definition of “credit institution” substitute—

““credit institution” means a credit institution for the purposes of Article 4(1)(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;”;

(b) for the definition of “financial institution” substitute—

““financial institution” means a financial institution for the purposes of Article 4(1)(26) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;”.

Marginal Citations

M124 S.I. 2003/1370. Paragraph 1 of the Schedule was amended by S.I. 2006/3221 and S.I. 2011/99.

Financial Collateral Arrangements (No. 2) Regulations 2003 U.K.

61.  In regulation 3(1) (interpretation) of the Financial Collateral Arrangements (No. 2) Regulations 2003 M125 for the definition of “credit claims” substitute—

““credit claims” means pecuniary claims which arise out of an agreement whereby a credit institution, as defined in Article 4(1)(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013, and including the institutions listed in Article 2(5)(2) to (23) of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013, grants credit in the form of a loan;”.

Marginal Citations

M125 S.I. 2003/3226. Regulation 3 was amended by S.I. 2010/2993.

Conduct of Employment Agencies and Employment Businesses Regulations 2003 U.K.

62.  In regulation 25(1) (client accounts) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 M126 for the definition of “credit institution” substitute—

““credit institution” means a credit institution as defined in Article 4(1)(1) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012, that is to say, an undertaking whose business is to receive deposits or other repayable funds from the public and to grant credits for its own account;”.

Marginal Citations

M126 S.I. 2003/3319. Regulation 25(1) was amended by S.I. 2006/3221 and S.I. 2011/99.

Credit Institutions (Reorganisation and Winding Up) Regulations 2004 U.K.

63.—(1) The Credit Institutions (Reorganisation and Winding Up) Regulations 2004 M127 are amended as follows.

(2) In regulation 2(1) (interpretation) M128 —

(a) omit the definition of “banking consolidation directive”;

(b) in the appropriate place insert—

““capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;

“capital requirements regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012;”;

(c) in the definition of “branch” for “Article 4(3) of the banking consolidation directive” substitute “ Article 4(1)(17) of the capital requirements regulation ”;

(d) for the definition of “EEA credit institution” substitute—

““EEA credit institution” means an EEA undertaking, other than a UK credit institution, of the kind mentioned in Article 4(1)(1) and 4(1)(17) of the capital requirements regulation and subject to the exclusion of the undertakings referred to in Article 2(5)(2) to (23) of the capital requirements directive;”;

(e) in the definition of “EEA regulator” for “Article 4(4) of the banking consolidation directive” substitute “ Article 4(1)(40) of the capital requirements regulation ”.

(3) In regulation 5(6) (reorganisation measures and winding-up proceedings in respect of EEA credit institutions effective in the United Kingdom) M129 , in the definition of “relevant EEA state”, for “Article 6 of the banking consolidation directive” substitute “ Article 8 of the capital requirements directive ”.

Marginal Citations

M127 S.I. 2004/1045.

M128 Regulation 2(1) was amended by S.I. 2006/3221 and S.I. 2011/99. There are other amendments not relevant to these Regulations.

M129 Regulation 5(6) was amended by S.I. 2006/3221.

Financial Conglomerates and Other Financial Groups Regulations 2004 U.K.

64.—(1) The Financial Conglomerates and Other Financial Groups Regulations 2004 M130 are amended as follows.

(2) In regulation 1(2) (interpretation) M131 —

(a) omit the definition of “the capital adequacy directive”;

(b) at the appropriate place insert—

““the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;

“the capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;”;

(c) for paragraph (b) of the definition of “directive requirement” substitute—

“(b) Article 127 of the capital requirements directive;”;

(d) in paragraph (a) of the definition of “regulated entity” for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

(e) in paragraph (d) of the definition of “regulated entity” for “Article 3(1)(b) of the capital adequacy directive” substitute “ Article 4(1)(2) of the capital requirements regulation ”.

(3) In regulation 7(1) (supervision of third-country financial conglomerates and third-country groups – interpretation) M132 in the definition of “credit institution” for “the banking consolidation directive” substitute “ capital requirements directive ”.

(4) In regulation 9 (supervision of third-country banking groups) M133 —

(a) in paragraph (1)—

(i) for “Article 143 of the banking consolidated directive (third-country parent undertakings)” substitute “Article 127 of the capital requirements directive (assessment of equivalence of third countries' consolidated supervision)”;

(ii) for “Articles 71, 72 and 73(1) and (3) of that directive (supervision on a consolidated basis of credit institutions)” substitute “ the capital requirements directive and Chapter 2 of Title II of Part 1of the capital requirements regulation ”; and

(iii) in sub-paragraph (b) for “the first sub-paragraph of Article 143(2) of that Directive” substitute “ the first sub-paragraph of Article 127(2) of the capital requirements directive ”;

(b) in paragraph (2) for “Article 143(3) of the banking consolidation directive” substitute “ Article 127(3) of the capital requirements directive ”;

(c) in paragraph (3)(a) and (b) for “Articles 125 or 126 of the banking consolidation directive” substitute “ Article 111 of the capital requirements directive ”.

(5) In regulation 10 (supervision of third-country groups subject to the capital adequacy directive) M134 —

(a) for the title substitute—

“Supervision of third-country groups subject to the capital requirements regulation and capital requirement directive”;

(b) for paragraph (1) substitute—

“(1) Paragraph (2) applies if a regulator is, for the purposes of Article 127 of the capital requirements directive, verifying whether an institution is subject to supervision by a third-country competent authority which is equivalent to that governed by the principles laid down in the capital requirements directive and Chapter 2 of Title II of Part 1 of the capital requirements regulation.”;

(c) in paragraph (2)(b) for “Article 143(2) of that directive” substitute “ Article 127(2) of the capital requirements directive ”;

(d) in paragraph (3) for “Article 143(3) of the banking consolidation directive as applied by Articles 2 and 37(1) of the capital adequacy directive” substitute “ Article 127(3) of the capital requirements directive ”;

(e) in paragraph (4)(a) and (b) for “Articles 125 or 126 of the banking consolidation directive, as applied by Articles 2 and 37(1) of the capital adequacy directive” substitute “ Article 111 of the capital requirements directive ”.

(6) For regulation 15(1)(b) M135 (extension of power to vary Part 4A permission) substitute—

“(b) acting in accordance with any of Articles 65(2), 104, 118, 123, 126 or 127 of the capital requirements directive or Article 18 of the capital requirements regulation;”.

Marginal Citations

M130 S.I. 2004/1862.

M131 Regulation 1(2) was amended byS.I 2006/3221, S.I. 2007/126, S.I. 2010/2628, S.I. 2012/917, S.I. 2013/472 and S.I. 2013/1773. There are other amendments not relevant to these Regulations.

M132 Regulation 7(1) was amended by S.I. 2007/126. There are other amendments not relevant to these Regulations.

M133 Regulation 9 was amended by S.I. 2006/3221 and S.I. 2013/472.

M134 Regulation 10 was amended by S.I. 2006/3221 and S.I.2013/472. There are other amendments not relevant to these Regulations.

M135 Regulation 15(1)(b) was amended byS.I. 2006/3221 and S.I. 2013/472.

Building Societies Act 1986 (Modification of the Lending Limit and Funding Limit Calculations) Order 2004 U.K.

65.  In article 2(1) (interpretation) of the Building Societies Act 1986 (Modification of the Lending Limit and Funding Limit Calculations) Order 2004 M136 for the definition of “credit institution” substitute—

““credit institution” means a credit institution as defined by Article 4(1)(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;”.

Marginal Citations

M136 S.I. 2004/3200. Article 2(1) was amended by S.I. 2006/3221 and S.I. 2011/99.

Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006 U.K.

66.  In regulation 23(2)(b) (change in corporate control application fee) of the Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006 M137 for “article 4.5 of the Banking Consolidation Directive” substitute “ Article 4(1)(26) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 ”.

Marginal Citations

M137 S.I.2006/3284. Regulation 23(2) was substituted by S.I. 2008/1803 and by S.I. 2012/829 and amended by S.I. 2013/472.

Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 U.K.

67.  Regulation 4C (requirements to be applied to exempt investment firms) of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 M138 is amended as follows—

(a) in paragraph (3)(c)(ii) for “banking consolidation directive” substitute “ capital requirements directive ”;

(b) in paragraph (3)(c)(iii) for “the banking consolidation directive or Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions as last amended on 24th November 2010 by Directives 2010/76/EU and 2010/78/EU of the European Parliament and of the Council,” substitute “ the capital requirements directive or Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, ”;

(c) for paragraph (4)(b) substitute—

“(b) “the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;”.

Marginal Citations

M138 S.I. 2007/126. Regulation 4C was inserted by S.I. 2007/763 and amended by S.I. 2010/2628, S.I. 2012/917 and S.I.2013/472.

Money Laundering Regulations 2007 U.K.

68.—(1) The Money Laundering Regulations 2007 M139 are amended as follows.

(2) In regulation 2(1) (interpretation) M140 —

(a) omit the definition of “the banking consolidation directive”; and

(b) at the appropriate place insert—

““the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;

“the capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;”.

(3) In regulation 3 (application of the Regulations) M141 —

(a) in paragraph (2)(a) for “Article 4(1) of the banking consolidated directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

(b) in paragraph (2)(b) for “Article 4(3) of that directive” substitute “ Article 4(1)(17) of that regulation ”;

(c) in paragraph (3) for “banking consolidated directive” substitute “ capital requirements directive ” in each place in which it appears.

(4) In Schedule 1 (activities listed in points 2 to 12, 14 and 15 of Annex 1 to the banking consolidation directive) M142 for the title substitute— “ Activities listed in points 2 to 12, 14 and 15 of Annex 1 to the capital requirements directive ”.

Marginal Citations

M139 2007/2157.

M140 Regulation 2(1) has been amended but none of the amendments is relevant to these Regulations.

M141 Regulation 3 was amended by S.I. 2011/99. There are other amendments but none is relevant to these Regulations.

M142 Schedule 1 was amended by S.I. 2009/209 and S.I. 2011/99.

Regulated Covered Bonds Regulations 2008 U.K.

69.—(1) The Regulated Covered Bonds Regulations 2008 M143 are amended as follows.

(2) In regulation 1(2) (interpretation) M144 —

(a) omit the definition of “banking consolidation directive”;

(b) at the appropriate place insert—

““capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;”;

(c) in the definition of “liquid assets”—

(i) in paragraph (a), for “paragraph 68(a) or (b) of Annex VI to the banking consolidation directive” substitute “ Article 129(1)(a) or (b) of the capital requirements regulation ”; and

(ii) in paragraph (b), for “paragraph 68(c) of Annex VI to the banking consolidation directive” substitute “ Article 129(1)(c) of the capital requirements regulation ”.

(3) In regulation 2 (eligible property) M145 —

(a) in paragraph (1)(a) for “paragraph 68 of Annex VI of the banking consolidation directive” substitute “ Article 129 of the capital requirements regulation ”;

(b) in paragraph (1A)(a) for “paragraph 68 of Annex VI of the banking consolidation directive” substitute “ Article 129(1) of the capital requirements regulation ”;

(c) in paragraph (1A)(b) for “sub-paragraph (d) of paragraph 68 of Annex VI of the banking consolidation direction” substitute “ sub-paragraph (d) and (e) of Article 129(1) of the capital requirements regulation ”;

(d) in paragraph (1A)(c) for “sub-paragraph (e) of paragraph 68 of Annex VI of the banking consolidation directive” substitute “ sub-paragraph (f) of Article 129(1) of the capital requirements regulation ”;

(e) in paragraph (1B)(a) for “Annex VI of the banking consolidation directive” substitute “ Part Three, Title II, Chapter 2 of the capital requirements regulations ”;

(f) in paragraph (1B)(b) for “French Fonds Communs de Creances” substitute “ French Fonds Communs de Titrisation ”;

(g) in paragraph (4) for “banking consolidated directive has the same meaning as in that directive” substitute “ capital requirements regulation has the same meaning as in that regulation ”.

Marginal Citations

M143 S.I. 2008/346.

M144 Regulation 1(2) was amended by S.I. 2011/2859 and S.I. 2012/917.

M145 Regulation 2 was amended by S.I. 2011/2859 and S.I. 2012/917.

Payment Services Regulations 2009 U.K.

70.—(1) The Payment Services Regulations 2009 M146 are amended as follows.

(2) In regulation 2(1) (interpretation) M147 —

(a) omit the definition of “the banking consolidated directive”;

(b) in the appropriate place insert—

““the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;

“the capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;”;

(c) in the definition of “credit institution” for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

(d) in the definition of “qualifying holding” for “article 4(11) of the banking consolidation directive” substitute “ Article 4(1)(36) of the capital requirements regulation ”.

(3) In regulation 18(2) (capital requirements)—

(a) in paragraph (a) for “banking consolidation directive” substitute “ capital requirements directive ”;

(b) in paragraph (b) for “Article 69(1) of the banking consolidation directive” substitute “ Article 7(1) of the capital requirements regulation ”.

(4) In regulation 19(15) (safeguarding requirements) in the definition of “authorised credit institution” for “Article 6 of the banking consolidation directive” substitute “ Article 8 of the capital requirements directive ”.

(5) In regulation 121(1) (transitional provisions: deemed authorisation) M148 for “banking consolidation directive” substitute “ Directive 2006/48/EC of the European Parliament and of the Council ” in both places where it appears.

(6) In paragraph 5 of Schedule 3 (capital requirements) for “banking consolidation directive” substitute “ capital requirements regulation ”.

Marginal Citations

M146 S.I. 2009/209.

M147 Regulation 2(1) was amended by S.I. 2011/99. There are other amendments but none is relevant to these Regulations.

M148 Regulation 121 was amended by S.I. 2010/22.

Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009 U.K.

71.  Article 1(3) (interpretation) of the Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009 M149 is amended as follows—

(a) omit the definition of “Banking Consolidated Directive”;

(b) at the appropriate place insert—

““capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;”;

(c) in the definition of “excluded rights” for “Banking Consolidation Directive” substitute “ capital requirements directive ” in each place where it appears.

Marginal Citations

M149 S.I. 2009/322. Article 1(3) was amended by S.I. 2009/1826. There are other amendments but none is relevant to these Regulations.

Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009 U.K.

72.  In article 2 (interpretation) of the Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009 M150 in paragraph (a) of the definition of “relevant UK authorised person” for “banking consolidation directive” substitute “ capital requirements directive ”.

Marginal Citations

M150 S.I. 2009/774. Article 2 was amended by S.I. 2011/1613.

Provision of Services Regulations 2009 U.K.

73.  In regulation 2(2)(a) (“service”) of the Provision of Services Regulations 2009 M151 for “Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions” substitute “ Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC ”.

Marginal Citations

M151 S.I. 2009/2999. There are amendments to Regulation 2 but none is relevant.

Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 U.K.

74.  In regulation 35(2) (further conditions applicable to automatic enrolment schemes) of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 M152 for paragraph (a) in the definition of “competent authority” substitute—

“(a) paragraph (40) of Article 4(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;”.

Marginal Citations

M152 S.I. 2010/772. Regulation 35 was substituted by S.I. 2012/1257. There are other amendments but none is relevant to these Regulations.

Electronic Money Regulations 2011 U.K.

75.—(1) The Electronic Money Regulations 2011 M153 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “the banking consolidation directive”;

(b) at the appropriate places insert—

““the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;

“the capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012”;

(c) in the definition of “credit institution”—

(i) for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

(ii) for “Article 4(3) of that directive” substitute “ Article 4(1)(17) of that regulation ”;

(iii) for “Article 38 of that directive” substitute “ Article 47 of the capital requirements directive ”;

(d) in the definition of “qualifying holding” for “Article 4(11) of the banking consolidation directive” substitute “ Article 4(1)(36) of the capital requirements regulation ”.

(3) In regulation 21—

(a) for paragraph (6)(a)(i) (safeguarding option 1) substitute—

“(i) asset items falling into one of the categories set out in Article 336(1) of the capital requirements regulation, for which the specific risk capital charge is no higher than 1.6% but excluding other qualifying items as defined in Article 336(4); or”;

(b) in the definition of “authorised credit institution” in paragraph (7) for “Article 6 of the banking consolidated directive” substitute “ Article 8 of the capital requirements directive ”.

(4) In paragraph 6 of Schedule 2 (capital requirements: qualifying items) for “banking consolidation directive” substitute “ capital requirements regulation ”.

Marginal Citations

M153 S.I. 2011/99, to which there are amendments not relevant to these Regulations.

Recognised Auction Platforms Regulations 2011 U.K.

76.  In regulation 20(4)(b) (access to auctions) of the Recognised Auction Platforms Regulations 2011 M154 for “banking consolidation directive” substitute “ capital requirements directive ”.

Marginal Citations

M154 S.I. 2011/2699, to which there are amendments not relevant to these Regulations.

Financial Services and Markets Act 2000 (Prescribed Financial Institutions) Order 2013 U.K.

77.  In article 1(2) (interpretation) of the Financial Services and Markets Act 2000 (Prescribed Financial Institutions) Order 2013 M155 —

(a) in the definition of “credit institution” for “Article 4 of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

(b) in the definition of “financial institution” for “banking consolidation directive” substitute “ capital requirements directive ”.

Marginal Citations

M155 S.I. 2013/165.

Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013 U.K.

78.  For article 3(3)(a) (dealing in investments as principal: designation by the PRA) of the Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013 M156 substitute—

“(a) is an investment firm to which Article 28(2) of the capital requirements directive (investment firms which are required to have an initial capital of EUR 730,000) applies;”.

Marginal Citations

M156 S.I. 2013/556.

Bank of England Act 1998 (Macro-prudential Measures) Order 2013 U.K.

79.  Article 1(2) (interpretation) of the Bank of England Act 1998 (Macro-prudential Measures) Order 2013 M157 is amended as follows—

(a) omit the definition of “banking consolidation directive”;

(b) in the definition of “credit institution” for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 ”;

(c) in the definition of “financial sector entity” for “banking consolidation directive” substitute “ Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC ”.

Marginal Citations

M157 S.I. 2013/644.

Alternative Investment Fund Managers Regulations 2013 U.K.

80.  In regulation 77(1)(a) (depositaries of EEA AIFs until 22nd July 2017) of the Alternative Investment Fund Managers Regulations 2013 M158 for “banking consolidation directive” substitute “ capital requirements directive ”.

Marginal Citations

M158 S.I. 2013/1773, to which there are amendments not relevant to these Regulations.

Regulation 46(2)

SCHEDULE 3 U.K. Revocations

Regulations revoked	References	Extent of revocation
The Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001	S.I. 2001/2509	The whole Regulations
The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003	S.I. 2003/2066	Regulation 6
The Financial Conglomerates and Other Financial Groups Regulations 2004	S.I. 2004/1862	Regulation 13
The Capital Requirements Regulations 2006 M159	S.I. 2006/3221	The whole Regulations
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No 3) Order 2006	S.I. 2006/3384	Article 38
The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007	S.I. 2007/126	Paragraph 16 of Schedule 6
The Financial Services and Markets Act 2000 (Reinsurance Directive) Regulations 2007	S.I. 2007/3255	Regulation 4
The Credit Rating Agencies Regulations 2010	S.I. 2010/906	Regulation 31
The Capital Requirements (Amendment) Regulations 2010	S.I. 2010/2628	The whole Regulations.
The Credit Rating Agencies (Amendment) Regulations 2011	S.I. 2011/1435	Regulation 3.
The Capital Requirements (Amendment) Regulations 2012	S.I. 2012/917	The whole Regulations.
The Alternative Investment Fund Managers Regulations 2013	S.I. 2013/1773	Paragraph 13 of Schedule 2

Marginal Citations

M159 Revoked by regulation 3.

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in part a package of EU legislation known as “CRD4”. CRD4 is concerned with the authorisation of credit institutions and the prudential rules applicable to credit institutions and investment firms.

In the remainder of these notes:

(a)

“CRD” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms (OJ no L176, 27/6/2013, p. 338; for corrigenda see OJ no L208, 2/8/2013, p.73);

(b)

“CRR” means Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms (OJ no L176, 27/6/2013, p.1; for corrigenda see OJ no L208, 27/6/2013, p.68 and OJ no L321, 30/11/2013, p6);

(c)

“FCA” means the Financial Conduct Authority;

(d)

“FSMA” means the Financial Services and Markets Act 2000 (c. 8);

(e)

“PRA” means the Prudential Regulation Authority.

The CRD and the CRR comprise CRD4 and are intended to the read together. Whilst these Regulations implement some provisions of the CRD, the remainder are implemented through rules made, and other legally binding requirements imposed, by the PRA and FCA. These Regulations should be read with the Financial Services and Markets Act 2000 (Qualifying EU Provisions) (No. 2) Order 2013, which specifies the CRR as a “qualifying EU provision” for various provisions of FSMA. This gives the PRA and FCA supervisory and enforcement powers in relation to the CRR.

Part 1 and Schedule 1 make provision for commencement, expiry and interpretation. Articles 151 to 159 of the CRD set out a range of transitional provisions. They will cease to have effect on a date to be specified in a Commission delegated act, and will be replaced by the provisions at Articles 40, 41, 43, 49, 50 and 51 of the CRD. This is reflected in the commencement and expiry provisions included in these Regulations.

Part 2 consists of provision revoking the Capital Requirements Regulations 2006.

Part 3 comprises provision designating the competent authorities for the purposes of the CRD and CRR. The PRA and FCA are designated as competent authorities for the main provisions of the CRD and CRR. Articles 128 to 142 of the CRD (capital buffers) will be the subject of a further statutory instrument in 2014. Responsibility for Article 458 of the CRD (macro-prudential measures) is split between the Treasury and the Bank of England, and paragraph 38 of Schedule 2 inserts provision to that effect into the Bank of England Act 1998 (c. 11).

Part 4 imposes obligations on the PRA and FCA in relation to cooperation and co-ordination with other competent authorities and the European Supervisory Authorities.

Part 5 imposes obligations on the PRA and FCA regarding disclosure of information and notifications required under the CRD.

Part 6 contains provision on how the PRA or FCA must act when it is the consolidating supervisor of a group of credit institutions or investment firms. “Consolidating supervisor” is defined in Article 4(1)(41) of the CRR.

Part 7 concerns the exercise of supervision by the PRA and FCA, in particular in relation to own funds, specific liquidity requirements, employee remuneration and diversity practices.

Part 8 concerns permissions under the CRR.The CRR confers discretion on competent authorities to grant firms permission to do certain things under the CRR, for example permission to use the Internal Ratings Based approach to calculating risk-weighted exposure amounts. Part 8 makes provision for the procedural aspects of the exercise of this discretion. In particular, regulation 42 grants a right of appeal to the Upper Tribunal.

Part 9 extends the criminal offence established by section 398 of FSMA (misleading the FCA or PRA: residual cases) to requirements imposed by or under the CRR, directly applicable regulations made under the CRD or CRR, or these Regulations.

Part 10 and Schedules 2 and 3 make amendments to primary and secondary legislation. Part 1 of Schedule 2 makes amendments to FSMA, in particular in relation to the passporting rights of non-UK firms into the UK. Part 2 of Schedule 2 amends the Building Societies Act 1986 and the Bank of England Act 1998 and makes consequential amendments to other primary legislation. Part 3 of Schedule 2 amends the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations (S.I. 2001/2188) and the Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 (S.I.2001/2511) and makes consequential amendments to other secondary legislation.

A Transposition Table setting out how the CRD is transposed into UK law is available from HM Treasury, 1 Horseguards Road, London, SW1A 2HQ.

An impact assessment has not been produced for this instrument as no significant impact on the costs of business or the voluntary sector is foreseen.