F1PART 9BRing-fencing
Group restructuring powers
142LGroup restructuring powers
(1)
In this Part “the group restructuring powers” means one or more of the powers conferred by this section.
(2)
Where the appropriate regulator is the PRA, the powers conferred by this section are as follows—
(a)
in relation to the ring-fenced body, power to impose a requirement on the ring-fenced body requiring it to take any of the steps mentioned in subsection (5),
(b)
in relation to any member of the ring-fenced body's group which is a PRA-authorised person, power to impose a requirement on the PRA-authorised person requiring it to take any of the steps mentioned in subsection (6),
(c)
in relation to any member of the ring-fenced body's group which is an authorised person but not a PRA-authorised person, power to direct the FCA to impose a requirement on the authorised person requiring it to take any of the steps mentioned in subsection (6), and
(d)
in relation to a qualifying parent undertaking, power to give a direction under this paragraph to the parent undertaking requiring it to take any of the steps mentioned in subsection (6).
(3)
Where the appropriate regulator is the FCA, the powers conferred by this section are as follows—
(a)
in relation to the ring-fenced body, power to impose a requirement on the ring-fenced body requiring it to take any of the steps mentioned in subsection (5),
(b)
in relation to any member of the ring-fenced body's group which is an authorised person but not a PRA-authorised person, power to impose a requirement on the authorised person requiring it to take any of the steps mentioned in subsection (6),
(c)
in relation to any member of the ring-fenced body's group which is a PRA-authorised person, power to direct the PRA to impose a requirement on the authorised person requiring it to take any of the steps mentioned in subsection (6), and
(d)
in relation to a qualifying parent undertaking, power to give a direction under this paragraph to the parent undertaking requiring it to take any of the steps mentioned in subsection (6).
(4)
A parent undertaking of a ring-fenced body by reference to which the group restructuring powers are exercisable is for the purposes of this Part a “qualifying parent undertaking” if—
(a)
it is a body corporate which is incorporated in the United Kingdom and has a place of business in the United Kingdom, and
(b)
it is not itself an authorised person.
(5)
The steps that the ring-fenced body may be required to take are—
(a)
to dispose of specified property or rights to an outside person;
(b)
to apply to the court under Part 7 for an order sanctioning a ring-fencing transfer scheme relating to the transfer of the whole or part of the business of the ring-fenced body to an outside person;
(c)
otherwise to make arrangements discharging the ring-fenced body from specified liabilities.
(6)
The steps that another authorised person or a qualifying parent undertaking may be required to take are—
(a)
to dispose of any shares in, or securities of, the ring-fenced body to an outside person;
(b)
to dispose of any interest in any other body corporate that is a member of the ring-fenced body's group to an outside person;
(c)
to dispose of other specified property or rights to an outside person;
(d)
to apply to the court under Part 7 for an order sanctioning a ring-fencing transfer scheme relating to the transfer of the whole or part of the business of the authorised person or qualifying parent undertaking to an outside person.
(7)
In subsections (5) and (6) “outside person” means a person who, after the implementation of the disposal or scheme in question, will not be a member of the group of the ring-fenced body by reference to which the powers are exercised (whether or not that body is to remain a ring-fenced body after the implementation of the disposal or scheme in question).
(8)
It is immaterial whether a requirement to be imposed on an authorised person by the appropriate regulator, or by the other regulator at the direction of the appropriate regulator, is one that the regulator imposing it could impose under section 55L or 55M.