The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018

Third-country resolution actionsU.K.

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41.—(1) Section 89H (recognition of third-country resolution actions) is amended as follows.

(2) In subsection (4)—

(a)in paragraph (a) omit “or another EEA state”;

(b)in paragraph (c)—

(i)for “an EEA state” substitute “ the United Kingdom ”;

(ii)for “EEA state” substitute “ United Kingdom ”;

(iii)omit the word “third” before “country concerned”;

(c)in paragraph (e) omit “or contrary to a provision of EU law”.

(3) Omit subsection (6).

(4) In subsection (7)—

(a)omit the definitions of “EU institution” and “normal insolvency proceedings”;

(b)for the definition of “third-country institution” substitute—

third-country institution” means an institution established in a country or territory other than the United Kingdom that would, if it were established within the United Kingdom, be regarded as a bank, building society, credit union or investment firm;;

(c)for the definition of “third-country parent undertaking” for the words from “has” to the end substitute “ means a parent undertaking, parent financial holding company or a parent mixed financial holding company established in a country or territory outside the United Kingdom; ”;

(d)in the definition of “third-country resolution action”—

(i)in the opening words, for “law of a third country” substitute “ law of a country or territory outside the United Kingdom ” and for “an EU institution” substitute “ a bank, building society, credit union or investment firm, ”;

(ii)in paragraph (a) for “EU institution” substitute “ a bank, building society, credit union or investment firm ”;

(iii)in paragraph (b) for “third country” substitute “ country or territory concerned ”;

(e)omit the definition of “third country”.

Commencement Information

I1Sch. 1 para. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)