Textual Amendments
F1Sch. 17A inserted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 29(2), 122(3), Sch. 7 (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c), Sch. Pts. 2, 3; S.I. 2013/423, art. 3, Sch.
F2Words in Sch. 17A heading inserted (1.1.2024 at 1.00 a.m. for specified purposes) by Financial Services and Markets Act 2023 (c. 29), ss. 50(5), 86(3); S.I. 2023/1382, reg. 10(f)
Textual Amendments
F3Words in Sch. 17A Pt. III heading substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 3(16)(e) (with regs. 52-58)
34(1)An application for an administration order in respect of a [F4recognised clearing house] [F5or a recognised CSD] may not be determined unless the conditions below are satisfied.U.K.
(2)A petition for a winding up order in respect of a [F4recognised clearing house] [F5or a recognised CSD] may not be determined unless the conditions below are satisfied.
(3)A resolution for voluntary winding up of a [F4recognised clearing house] [F5or a recognised CSD] may not be made unless the conditions below are satisfied.
(4)An administrator of a [F4recognised clearing house] [F5or a recognised CSD] may not be appointed unless the conditions below are satisfied.
(5)Condition 1 is that the Bank of England has been notified—
(a)by the applicant for an administration order, that the application has been made,
(b)by the petitioner for a winding up order, that the petition has been presented,
(c)by the [F4recognised clearing house] [F6or the recognised CSD], that a resolution for voluntary winding up may be made, or
(d)by the person proposing to appoint an administrator, of the proposed appointment.
(6)Condition 2 is that a copy of the notice complying with Condition 1 has been filed (in Scotland, lodged) with the court (and made available for public inspection by the court).
(7)Condition 3 is that—
(a)the period of 2 weeks, beginning with the day on which the notice is received, has ended, or
(b)the Bank of England has informed the person who gave the notice that—
(i)it has no objection to the order, resolution or appointment being made, and
(ii)it does not intend to exercise a stabilisation power under [F7Schedule 11 to the Financial Services and Markets Act 2023].
(8)Arranging for the giving of notice in order to satisfy Condition 1 can be a step with a view to minimising the potential loss to a [F4recognised clearing house's] [F8or a recognised CSD’s] creditors for the purpose of section 214 of the Insolvency Act 1986 (wrongful trading).
(9)In this paragraph “the court” means—
(a)in England and Wales, the High Court,
(b)in Scotland, the Court of Session, and
(c)in Northern Ireland, the High Court.]
Textual Amendments
F4Words in Sch. 17A para. 34 substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 3(16)(f) (with regs. 52-58)
F5Words in Sch. 17A para. 34 inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(39)(u)(i) (with regs. 7(4), 9(1))
F6Words in Sch. 17A para. 34(5)(c) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(39)(u)(ii) (with regs. 7(4), 9(1))
F7Words in Sch. 17A para. 34(7)(b)(ii) substituted (31.12.2023) by The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023 (S.I. 2023/1313), regs. 1(2), 10(2)
F8Words in Sch. 17A para. 34(8) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(39)(u)(iii) (with regs. 7(4), 9(1))