Part 8General
I7I1257“Financial assistance”
1
In this Act “financial assistance” includes giving guarantees or indemnities and any other kind of financial assistance (actual or contingent).
2
The Treasury may by order provide that a specified activity or transaction, or class of activity or transaction, is to be or not to be treated as financial assistance for a specified purpose of this Act; and subsection (1) is subject to this subsection.
3
An order—
a
shall be made by statutory instrument, and
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
I3258“Enactment”
In this Act “enactment” includes—
a
subordinate legislation,
b
an Act of the Scottish Parliament and an instrument under an Act of the Scottish Parliament, and
c
Northern Ireland legislation.
258AF15Investment firm”
1
In this Act “investment firm” means a UK institution which is (or, but for the exercise of a stabilisation power, would be) an investment firm for the purposes of F12Regulation (EU) No. 575/2013 of the European Parliament and of the Council.
2
But “investment firm” does not include—
a
an institution which is also—
i
a bank (within the meaning of Part 1),
ii
a building society (within the meaning of section 119 of the Building Societies Act 1986), or
iii
a credit union (within the meaning of section 31 of the Credit Unions Act 1979 or Article 2(2) of the Credit Unions (Northern Ireland) Order 1985), or
b
an institution which is of a class or description specified in an order made by the Treasury.
3
An order—
a
is to be made by statutory instrument, and
b
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
4
If an order contains a statement that the Treasury are of the opinion that, by reason of urgency, it is necessary to make the order without complying with subsection (3)(b)—
a
the order may be made, and
b
the order lapses unless approved by resolution of each House of Parliament during the period of 28 days (ignoring periods of dissolution, prorogation or adjournment of either House for more than 4 days) beginning with the day on which the order is made.
5
The lapse of an order under subsection (4)(b)—
a
does not invalidate anything done under or in reliance on the order before the lapse and at a time when neither House has declined to approve the order, and
b
does not prevent the making of a new order (in new terms).
6
In subsection (1) “UK institution” means an institution which is incorporated in, or formed under the law of any part of, the United Kingdom.
I4259Statutory instruments
1
A statutory instrument under this Act—
a
may make provision that applies generally or only for specified purposes, cases or circumstances,
b
may make different provision for different purposes, cases or circumstances, and
c
may include incidental, consequential or transitional provision.
2
No statutory instrument under this Act shall be treated as a hybrid instrument under Standing Orders of either House of Parliament.
3
The Table lists the powers to make statutory instruments under this Act and the arrangements for Parliamentary scrutiny in each case (which are subject to subsections (4) to (6)).
Section | Topic | Parliamentary scrutiny |
|---|---|---|
PART 1–Special resolution regime | ||
2 | Meaning of “bank” | Draft affirmative resolution |
25 | Share transfer orders | Negative resolution |
47 | Partial transfers | Draft affirmative resolution |
48 | Protection of interests | Draft affirmative resolution |
F2848F(1) and (2) | F28Power to amend definition of “excluded liabilities” | F28Draft affirmative resolution |
F2848G | F28Insolvency treatment principles | F28Draft affirmative resolution |
F2848P | F28Safeguarding of certain financial arrangements | F28Draft affirmative resolution |
F2852A | F28Bail-in compensation orders | F28Draft affirmative resolution |
55 | Independent valuer | Negative resolution |
56 | Independent valuer: money | Negative resolution |
60 | F26Third party compensation: partial property transfers | Draft affirmative resolution |
F2860A | F28Third party compensation: instruments containing special bail-in provision | F28Draft affirmative resolution |
62 | Compensation orders | Draft affirmative resolution |
69 | Continuity obligations: consideration and terms | Negative resolution |
F29. . . | F29. . . | F29. . . |
74 | Tax | Draft affirmative resolution (Commons only) |
75 | Power to change law | Draft affirmative resolution (except for urgent cases) |
78 | Public funds | Negative resolution (Commons only) |
F1381D | F13Meaning of “banking group company” | F13Draft affirmative resolution (except for urgent cases) |
F3083ZY | F30Enforcement of share transfer orders | F30Negative resolution |
85 | Building societies: orders | Negative resolution |
86 | Building societies: assets | (As for orders under section 90B of the Building Societies Act 1986) |
88 | Building societies: consequential | Draft affirmative resolution |
89 | Credit unions | Draft affirmative resolution |
F1889F | F18Draft affirmative resolution | |
PART 2–Bank insolvency | ||
91 | Meaning of “bank” | Draft affirmative resolution |
122 | Application of insolvency law | Draft affirmative resolution |
125 | Rules | (Expansion of power in section 411 of the Insolvency Act 1986) |
130 | Building societies | Draft affirmative resolution |
131 | Credit unions | Draft affirmative resolution |
132 | Partnerships | (As for orders under section 420 of the Insolvency Act 1986) |
133 | Scottish partnerships | Negative resolution |
135 | Consequential provision | Draft affirmative resolution |
PART 3–Bank administration | ||
148 | Sharing information | Negative resolution |
149 | Multiple original transfers | Draft affirmative resolution |
152 | Transfer from temporary public ownership | Draft affirmative resolution |
F27152A | F27Property transfer from transferred institution | F27Draft affirmative resolution |
156 | Application of other law | Draft affirmative resolution |
158 | Building societies | Draft affirmative resolution |
159 | Credit unions | Draft affirmative resolution |
160 | Rules | (Expansion of power in section 411 of the Insolvency Act 1986) |
163 | Partnerships | (As for orders under section 420 of the Insolvency Act 1986) |
164 | Scottish partnerships | Negative resolution |
168 | Consequential provision | Draft affirmative resolution |
PART 4–Financial Services Compensation Scheme | ||
170 | Contingency funding | Draft affirmative resolution |
F1. . . | F1. . . | F1. . . |
173 | Borrowing from National Loans Fund | Negative resolution |
PART 5–Inter-bank payment systems | ||
191 | Bank of England directions: immunity | Negative resolution |
203 | Fees regulations | Negative resolution |
204 | Information | Negative resolution |
F2206A | Services forming part of recognised inter-bank payment systems | Draft affirmative resolution |
PART 6–Banknotes: Scotland and Northern Ireland | ||
F33214A | Issuers of banknotes: Scotland and Northern Ireland | Draft affirmative resolution |
215 | Banknote regulations | Draft affirmative resolution |
PART 7–Miscellaneous | ||
230 | Financial institution | Negative resolution |
F4232(6) | Investment banks: definition | Draft affirmative resolution |
F5232(7) | Investment banks: definition of investment activity | Negative resolution |
233 | Investment banks: insolvency | Draft affirmative resolution |
249 | F6PRA or FCA— functions | Draft affirmative resolution |
251 | Central banks: assistance to building societies | Draft affirmative resolution |
255 | Financial collateral arrangements | Affirmative resolution |
PART 8–General | ||
257 | Financial assistance | Negative resolution |
F16258A | F16Meaning of “investment firm” | F16Draft affirmative resolution (except for urgent cases) |
262 | Repeal of Banking (Special Provisions) Act 2008 | None |
263 | Commencement | None |
4
A power listed in subsection (5) may be exercised without a draft being laid before and approved by resolution of each House of Parliament if—
a
the power is being exercised for the first time, and
b
the person exercising it is satisfied that it is necessary to exercise it without laying a draft for approval.
5
The powers are those in—
a
section 2 (special resolution regime: meaning of “bank”),
b
section 47 (special resolution regime: partial transfers),
c
section 48 (special resolution regime: protection of interests),
d
section 60 (special resolution regime: third party compensation),
F25da
section 60A (special resolution regime: instruments containing special bail-in provision),
e
section 88 (special resolution regime: building societies: consequential),
f
section 91 (bank insolvency: meaning of “bank”),
g
section 122 (bank insolvency: application of insolvency law),
h
section 130 (bank insolvency: building societies),
i
section 135 (bank insolvency: consequential provision),
j
section 149 (bank administration: multiple original transfers),
k
section 152 (bank administration: transfer from temporary public ownership),
F24ka
section 152A (bank administration: property transfer from transferred institution),
l
section 156 (bank administration: application of other law),
m
section 158 (bank administration: building societies),
n
section 168 (bank administration: consequential provision), F3...
F3o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Where an instrument is made in reliance on subsection (5)—
a
it shall lapse unless approved by resolution of each House of Parliament during the period of 28 days (ignoring periods of dissolution, prorogation or adjournment of either House for more than 4 days) beginning with the day on which the instrument is made,
b
the lapse of an instrument under paragraph (a) does not invalidate anything done under or in reliance on it before its lapse and at a time when neither House has declined to approve it, and
c
the lapse of an instrument under paragraph (a) does not prevent the making of a new one (in new terms).
I5260Money
Expenditure of the Treasury under, by virtue of or in connection with a provision of this Act shall be paid out of money provided by Parliament.
I6261Index of defined terms
The Table sets out expressions defined in this Act for general purposes.
Expression | Section |
|---|---|
Action | 93 and 166 |
F32Additional Tier 1 instruments (in Part 1) | F323 |
F23Bail-in compensation order | F2349 |
Bank (Part 1) | 2 |
Bank (Part 2) | 91 |
Bank administration | 136 |
Bank administration order | 141 |
Bank insolvency | 90 |
Bank insolvency order | 94 |
F37Bank of England | 256B |
F14Banking group company | F1481D |
Bridge bank | 12 |
Bridge bank reverse share transfer instrument | 31 |
Bridge bank share transfer instrument | 30 |
F34Bridge bank supplemental property transfer instrument | 44D |
Bridge bank supplemental reverse property transfer instrument | 44E |
F32the capital requirements regulation (in Part 1) | F323 |
F21. . . | F21. . . |
F31Client assets (Part 1) | F313 |
F32Common Equity Tier 1 instruments (in Part 1) | F323 |
Compensation scheme order | 49 |
The court (Part 2) | 92 |
The court (Part 3) | 166 |
F32critical functions (in Part 1) | F323 |
Eligible depositors | 93 |
F32eligible liabilities | F323 |
Enactment | 258 |
F32extraordinary public financial support (in Part 1) | F323 |
F9FCA | F93, 93, 166 & 183 |
F10. . . | F10. . . |
FSCS | 93 |
Fair | 93 |
Financial assistance | 257 |
Financial institution | 230 |
Full payment resolution | 100 |
Independent valuer | 54 |
Inter-bank payment system | 182 |
F17Investment firm | F17258A |
Liquidation committee | 100 |
F32mandatory reduction instrument | F326B |
Objective 1 Achievement Notice | 139 |
Onward bridge bank | 12 |
Onward property transfer instrument | 43 |
F34Onward share transfer instrument | 26ZA |
Onward share transfer order | 28 |
F32own funds (in Part 1) | F323 |
F32own funds requirements (in Part 1) | F323 |
Partial property transfer | 47 |
F20PRA-authorised person | F2089G |
F11PRA | F113, 93, 166 & 183 |
F8Private sector reverse property transfer instrument | F842A |
Property transfer instrument | 33 |
Property transfer order | 45 |
F37Prudential Regulation Authority | 256B |
F7recognised central counterparty | F789G |
F32the recovery and resolution directive (in Part 1) | F323 |
F32relevant capital instruments (in Part 1) | F323 |
F32resolution company | F3229A |
Resolution fund order | 49 |
F23Resolution instrument | F2312A |
Reverse property transfer instrument | 44 |
Reverse property transfer order | 46 |
26A | |
Reverse share transfer order | 29 |
Securities | 14 |
Share transfer instrument | 15 |
Share transfer order | 16 |
F23Special bail-in provision | F2348B |
Special resolution regime | 1 |
Special resolution objectives | 4 |
Stabilisation options | 1 |
Stabilisation powers | 1 |
Supplemental property transfer instrument | 42 |
Supplemental share transfer instrument or order | 26 & 27 |
F32third-country instrument | F3289I |
Third party compensation order | 49 & 59 |
F32Tier 2 instruments (in Part 1) | F323 |
Unable to pay debts | 93 & 166 |
F22. . . | F22. . . |
I8I2262Repeal
1
The Treasury may by order repeal the Banking (Special Provisions) Act 2008.
2
An order—
a
may include savings, and
b
shall be made by statutory instrument.
3
Subsection (2)(a) is without prejudice to the generality of, or the application to this section of, section 259.
263Commencement
1
The preceding provisions of this Act shall come into force in accordance with provision made by the Treasury by order.
2
Subsection (1) does not apply to section 254, which comes into force at the end of the period of 2 months beginning with the date of Royal Assent.
3
An order under subsection (1)—
a
may make provision generally or only in relation to specific provisions or purposes,
b
may make different provision for different provisions or purposes,
c
may include incidental or transitional provision (including savings), and
d
shall be made by statutory instrument.
4
Where the Treasury or another authority are required to consult or take other action before exercising a power or fulfilling a duty to make legislation or to do any other thing under, by virtue of or in connection with this Act, the Treasury or other authority may rely on consultation or other action carried out before the commencement of the relevant provision of this Act.
264Extent
1
This Act extends to—
a
England and Wales,
b
Scotland, and
c
Northern Ireland.
2
But—
a
sections 253 and 254 extend to Scotland only, and
b
an amendment of an enactment has the same extent as the enactment (or the relevant part).
265Short title
This Act may be cited as the Banking Act 2009.