The Capital Requirements (Amendment) Regulations 2012

Regulation 15

SCHEDULE 1 Consequential amendments to primary legislation

Building Societies Act 1986

1.  In section 119(2B) of the Building Societies Act 1986(1) (meaning of “the Banking Consolidation Directive”), for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/78/EU”.

Financial Services and Markets Act 2000

2.  In Part 1 of Schedule 3 to the Financial Services and Markets Act 2000(2) (defined terms), in paragraph 2 (meaning of “the banking consolidation directive”), for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/78/EU”.

Banking (Special Provisions) Act 2008

3.  In section 15(3) of the Banking (Special Provisions) Act 2008(3) (meaning of “the Banking Consolidation Directive”), for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/78/EU”.

Banking Act 2009

4.  In section 14(5)(b) of the Banking Act 2009(4) (meaning of “securities”), for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/78/EU”.

Regulation 16

SCHEDULE 2 Consequential amendments to secondary legislation

Cash Ratio Deposits (Eligible Liabilities) Order 1998

1.  In article 2(3) of the Cash Ratio Deposits (Eligible Liabilities) Order 1998(5) for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/78 /EU”.

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

2.  In regulation 2 of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001(6) (interpretation), in the definition of “markets in financial instruments directive information” at the end insert “as last amended on 24th November 2010 by Directives 2010/76/EU and 2010/78 /EU of the European Parliament and of the Council”.

Uncertificated Securities Regulations 2001

3.  In the Uncertificated Securities Regulations 2001(7)—

(a) in paragraph 28(4) of Schedule 1, in the definition of “banking consolidation directive” for “by Directive 2009/111” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/ 78/EU”;

(b) in paragraph 1 of Schedule 2—

(i) in sub-paragraph (1)(b), for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/ 78/EU”;

(ii) at the end of sub-paragraph (2) insert “as last amended on 24th November 2010 by Directives 2010/76/EU and 2010/78 /EU of the European Parliament and of the Council”.

Financial Conglomerates and Other Financial Groups Regulations 2004

4.  In regulation 1(2) of the Financial Conglomerates and Other Financial Groups Regulations 2004(8), in the definition of “the capital adequacy directive” for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/78 /EU”.

Pension Protection Fund (Entry Rules) Regulations 2005

5.  In regulation 1(3) of the Pension Protection Fund (Entry Rules) Regulations 2005(9), in the definition of “EEA credit institution” for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/78/ /EU”.

Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007

6.  In regulation 4C of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007(10), in paragraphs (3)(c)(iii) and (4)(b) for “by Directive 2009/111/EC” substitute “on 24th November 2010 by Directives 2010/76/EU and 2010/78 /EU”.

Covered Bonds Regulations 2008

7.  In regulation 1(2) of the Regulated Covered Bonds Regulations 2008(11), in the definition of “banking consolidation directive”, at the end insert “as last amended on 24th November 2010 by Directives 2010/76/EU and 2010/78 /EU of the European Parliament and of the Council”.

(1)

1986 c.53; subsection (2B) was inserted by S.I. 1996/1669 and amended by S.I. 2006/3221 and S.I.2010/2628.

(2)

2000 c.8; paragraph 2 was amended by S.I. 2006/3221 and S.I.2010/2628.

(3)

2008 c.2; section 15(3) was amended by S.I. 2010/2628.

(4)

2009 c.1; section 14(5) was amended by S.I. 2010/2628.

(5)

S.I. 1998/1130. Article 2(3) was amended by S.I. 2006/3221 and S.I. 2010/2628.

(6)

S.I. 2001/2188. Relevant amendments were made by S.I. 2006/3413 and S.I. 2010/2628.

(7)

S.I. 2001/3755. Paragraph 28(4) of Schedule 1 was amended by S.I 2010/2628 and paragraph 1 of Schedule 2 was amended by S.I. 2006/3221 and S.I 2010/2628.

(8)

S.I. 2004/1862. Relevant amendments were made by S.I. 2006/3221 and 2010/2628.

(9)

S.I. 2005/590. Relevant amendments were made by S.I. 2009/451 and S.I. 2010/2628.

(10)

S.I. 2007/126. Regulation 4C was inserted by S.I. 2007/763 and amended by S.I. 2010/2628.

(11)

S.I. 2008/346, to which there are amendments not relevant to these Regulations.