Financial Services and Markets Act 2000

[F1 [F2 Interpretation] U.K.

Textual Amendments

F1 Pt. 12B inserted (28.12.2020 for specified purposes, 29.12.2020 in so far as not already in force) by The Financial Holding Companies (Approval etc.) and Capital Requirements (Capital Buffers and Macro-prudential Measures) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1406), regs. 1(3)(a)(b), 2(7) (with reg. 5)

F2 S. 192O cross-heading inserted (9.6.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 3 (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)

192O. Interpretation U.K.

(1) In this Part—

• F3 ...

• [F4 “on a consolidated basis” means on the basis of the consolidated situation;]

• [F4 “consolidated situation” means the situation that results from an entity being treated, for the purposes of the capital requirements regulation or CRR rules (as appropriate), as if that entity and one or more other entities formed a single entity; ]

• “designated investment firm” means an investment firm which is for the time being designated by the PRA under article 3 of the Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013;

• “Directive 2013/36/EU UK law” means—

  (a)

  before IP completion day, the law of the United Kingdom which is relied on by the United Kingdom to implement the capital requirements directive and its implementing measures (“the relevant EU provisions”); and

  (b)

  after IP completion day, the law of the United Kingdom which was relied on immediately before that date to implement the relevant EU provisions as it has effect—

  (i)

  on [F5 1 January 2022], in the case of rules made by the FCA or by the PRA under this Act, and

  (ii)

  as amended from time to time, in all other cases,

  F6 ...

• [F7 “EU tertiary legislation” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018;]

• “financial holding company” has the meaning given in Article 4(1)(20) of the capital requirements regulation;

• “financial institution” has the meaning given in Article 4(1)(26) of the capital requirements regulation;

• “institution” means a credit institution or an investment firm;

• “investment firm” has the meaning given in Article 4(1)(2) of the capital requirements regulation;

• “mixed financial holding company” has the meaning given in Article 4(1)(21) of the capital requirements regulation;

• “parent institution” means an institution which is a parent undertaking;

• “parent undertaking” has the meaning given in section 420;

• F8 ...

• [F9 “section 192XA rules” means rules made under section 192XA;]

• [F10 “on a sub-consolidated basis” means—

  (a)

  on the basis of the consolidated situation of a parent institution, financial holding company or mixed financial holding company, excluding a sub-group of entities, or

  (b)

  on the basis of the consolidated situation of a parent institution, financial holding company or mixed financial holding company that is not the ultimate parent institution, financial holding company or mixed financial holding company;]

• “subsidiary institution” means an institution which is a subsidiary undertaking.

(2) A “parent financial holding company” or “parent mixed financial holding company” means a financial holding company or a mixed financial holding company which—

(a) is a UK parent financial holding company or a UK parent mixed financial holding company, within the meaning given in Article 4(1)(30) and 4(1)(32) respectively of the capital requirements regulation; or

(b) is required, whether by the PRA by direction under section 192C or otherwise, to comply with the capital requirements regulation [F11 , CRR rules] and Directive 2013/36/EU UK law on a sub-consolidated basis.

[F12 (3) In this Part, references to instruments made under the capital requirements regulation include EU tertiary legislation made under that regulation which forms part of retained EU law.]]

Textual Amendments

F3 Words in s. 192O(1) omitted (1.1.2022) by virtue of The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 4(8)(a)(i)

F4 Words in s. 192O(1) inserted (1.1.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 4(8)(a)(ii)

F5 Words in s. 192O(1) substituted (1.1.2022) by The Financial Services and Markets Act 2000 (Consequential Amendments of References to Rules) Regulations 2021 (S.I. 2021/1388), regs. 1(2), 2(4)

F6 Words in s. 192O(1) omitted (9.6.2021) by virtue of Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 14(2)(a) (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)

F7 Words in s. 192O(1) inserted (9.6.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 14(2)(b) (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)

F8 Words in s. 192O(1) omitted (9.6.2021) by virtue of Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 4(2) (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)

F9 Words in s. 192O(1) inserted (9.6.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 4(3) (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)

F10 Words in s. 192O(1) substituted (1.1.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 4(8)(a)(iii)

F11 Words in s. 192O(2)(b) inserted (1.1.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 4(8)(b)

F12 S. 192O(3) inserted (9.6.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 14(3) (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)