The Bank Recovery and Resolution (No. 2) Order 2014

Determinations pursuant to Article 59.3 of the recovery and resolution directive: preliminary steps for UK group entities

150.—(1) Before the Bank makes a determination that Case 2, 4 or 5 is satisfied in relation to a UK group entity, the Bank must give notice that it is considering whether to make that determination (“a Case 2, 4 or 5 notice”) without delay—

(a) to the consolidating supervisor; and

(b) if neither the PRA nor the FCA is not the consolidating supervisor, to the appropriate authority in the EEA State in which the consolidating supervisor is established.

(2) Before the Bank makes a determination (where appropriate, jointly with the appropriate authority in the EEA State in which the consolidating supervisor is established) that Case 3 is satisfied in relation to a UK group entity, the Bank must give notice that it is considering whether to make that determination (“a Case 3 notice”) without delay—

(a) to the consolidating supervisor;

(b) unless the PRA or the FCA is the consolidating supervisor, to the appropriate authority in the EEA State in which the consolidating supervisor is established;

(c) to the competent authority established in an EEA State in which a relevant non-UK group entity is set up; and

(d) unless the competent authority referred to in sub-paragraph (c) is the appropriate authority in the State in which it is established, to the appropriate authority in that State.

(3) Where the Bank gives a Case 2, 4 or 5 notice or a Case 3 notice, it must—

(a) send with the notice an explanation of its reasons for considering whether to make the determination concerned; and

(b) after consulting the authorities to which the notice has been given assess whether—

(i) any alternative measure is available;

(ii) any alternative measure which is available could feasibly be taken; and

(iii) there is any reasonable prospect that any alternative measure which is available and could feasibly be taken would, within a reasonable time, avoid the need for the determination.

(4) Where the Bank is considering whether to make a determination that Case 3, 4 or 5 is satisfied in relation to a UK group entity, it must take account of the potential financial impact of the determination in any other EEA State in which that entity conducts business.

(5) In paragraph (2)(c) “relevant non-UK group entity” means a non-UK group entity whose recognised capital instruments are to be written down or converted by the Bank under section 6B of the Banking Act 2009(1) (mandatory write-down, conversion, etc of capital instruments) if the determination set out in the Case 3 notice is made.

(1)

Section 6B was inserted by S.I. 2014/3329.