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The Insolvency (Northern Ireland) Order 1989, Paragraph 21 is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F121.—[F2(A1) In paragraph 17A “the scheme manager” has the meaning given in section 212(1) of the Financial Services and Markets Act 2000.]N.I.
(1) In paragraphs 18 to 20 “eligible deposit” means a deposit in respect of which the person, or any of the persons, to whom it is owed would be eligible for compensation under the Financial Services Compensation Scheme.
(2) For the purposes of those paragraphs and this paragraph a “deposit” means rights of the kind described in—
(a)paragraph 22 of Schedule 2 to the Financial Services and Markets Act 2000 (deposits), or
(b)section 1(2)(b) of the Dormant Banks and Building Society Accounts Act 2008 (balances transferred under that Act to authorised reclaim fund).
(3) In paragraphs 19 and 20, “eligible person” means—
(a)an individual, or
[F3(b)any micro, small or medium-sized enterprise, as defined with regard to the annual turnover criterion referred to in Article 2(1) of the Annex to Commission Recommendation 2003/361/EC.]
(4) In paragraph 20—
(a)“credit institution” has the meaning given in Article 4.1(1) of the capital requirements regulation;
[F4(b)“non-UK branch” means a branch, as defined in Article 4(1)(17) of the capital requirements regulation, which is established outside the United Kingdom;
(c)“UK branch” means a branch, as so defined, which is established in the United Kingdom;]
[F5and for this purpose “the 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.]]
F1Sch. 4 paras. 18-21 inserted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 23 (with art. 3)
F2Sch. 4 para. 21(A1) inserted (26.3.2015) by The Deposit Guarantee Scheme Regulations 2015 (S.I. 2015/486), regs. 1(2), 15(3)(c)
F3Sch. 4 para. 21(3)(b) substituted (17.8.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2022 (S.I. 2022/838), regs. 1(2), 2(3)(a) (with regs. 24-26)
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