The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023

Amendment to the Companies Act 1989

8.—(1) The Companies Act 1989(1) is amended as follows.

(2) In section 87(2)(b)(iii)(2) (exceptions from restrictions on disclosure), for “or the Banking Act 2009” substitute “, the Banking Act 2009 or Schedule 11 to the Financial Services and Markets Act 2023”.

(3) In section 166(3) (powers to give directions)—

(a) in subsection (3)(d)—

(i) in sub-paragraph (i), after “regime)” insert “or Schedule 11 to the Financial Services and Markets Act 2023 (central counterparties)”;

(ii) in sub-paragraph (ii), after “Part” insert “or that Schedule”;

(b) in subsection (7B)—

(i) in paragraph (b)(ii), after “regime)” insert “or Schedule 11 to the Financial Services and Markets Act 2023 (central counterparties)”;

(ii) in paragraph (b)(iii), after “Part” insert “or that Schedule”.

(1)

1989 c. 40.

(2)

Section 87 was amended in relevant part by S.I. 2010/22.

(3)

Section 166 was amended in relevant part by S.I. 2013/504 and 2017/1064.