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Version Superseded: 31/12/2020
Point in time view as at 13/08/2020.
Insolvency Act 1986, Cross Heading: Interpretation for categories 6A, 7 and 8. is up to date with all changes known to be in force on or before 05 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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Textual Amendments
F1Sch. 6 paras. 15B, 15C and cross-headings inserted (31.12.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 13(1), 148(5); S.I. 2014/3160, art. 2(1)(a)
F2Words in Sch. 6 para. 15C heading substituted (26.3.2015) by The Deposit Guarantee Scheme Regulations 2015 (S.I. 2015/486), regs. 1(2), 14(3)(b)
15C[F3(A1)In paragraph 15AA “the scheme manager” has the meaning given in section 212(1) of the Financial Services and Markets Act 2000.]E+W+S
(1)In [F4paragraphs 15B to 15BB] “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 [F5the 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 Bank and Building Society Accounts Act 2008 (balances transferred under that Act to authorised reclaim fund).]
[F6(3)In paragraphs 15BA and 15BB, “eligible person” means—
(a)an individual, or
(b)a micro-enterprise, a small enterprise or a medium-sized enterprise, each of those terms having the meaning given in Article 2.1(107) of Directive 2014/59/EU of 15th May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms.
(4)In paragraph 15BB—
(a)“credit institution” has the meaning given in Article 4.1(1) of the capital requirements regulation;
(b)“EEA branch” means a branch, as defined in Article 4.1(17) of the capital requirements regulation, which is established in an EEA state;
(c)“non-EEA branch” means a branch, as so defined, which is established in a country which is not an EEA state;
and for this purpose “the capital requirements regulation” means Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26th June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 [F7, as it had effect on the day on which the Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 were made].]
Textual Amendments
F3Sch. 6 para. 15C(A1) inserted (26.3.2015) by The Deposit Guarantee Scheme Regulations 2015 (S.I. 2015/486), regs. 1(2), 14(3)(c)
F4Words in Sch. 6 para. 15C(1) substituted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 11(4)(a) (with art. 3)
F5Words in Sch. 6 para. 15C(2) substituted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 11(4)(b) (with art. 3)
F6Sch. 6 para. 15C(3)(4) and words inserted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 11(4)(c) (with art. 3)
F7Words in Sch. 6 para. 15C(4) inserted (21.12.2018) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(3), Sch. 2 para. 3(b)(ii) (as amended (31.12.2020) by S.I. 2020/1385, reg. 1(4), Sch. para. 1(1)(2)(k)(ii))
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