Banking Act 2009

3Interpretation: other expressionsU.K.

This section has no associated Explanatory Notes

[F1(1)] In this Part—

  • [F2“Additional Tier 1 instruments” means capital instruments that meet the conditions laid down in Article 52(1) of the capital requirements regulation (or which qualify as Additional Tier 1 instruments by virtue of Chapter 2 of Title I of Part Ten of that regulation),]

  • [F2“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, [F3as it had effect on the day on which [F4the Financial Services (Electronic Money, Payment Services and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1212)]) were made,]]

  • [F5“client assets” means assets which an institution has undertaken to hold for a client (whether or not on trust, and whether or not the undertaking has been complied with),]

  • [F2“Common Equity Tier 1 instruments” means capital instruments that meet the conditions laid down in Article 28(1) to (4), 29(1) to (5) or 31(1) of the capital requirements regulation (or which qualify as Common Equity Tier 1 instruments by virtue of Chapter 2 of Title I of Part Ten of that regulation),]

  • [F2“critical functions”, subject to subsection (2), means activities, services or operations the discontinuance of which is likely in one or more EEA states—

    (a)

    to lead to the disruption of services that are essential to the economy, or

    (b)

    to disrupt financial stability,

    due to the size, market share, external and internal connectedness, complexity or cross-border activities of a bank or a group which includes a bank (with particular regard to the substitutability of those activities, services or operations),;]

  • [F2“eligible liabilities”, of an undertaking, means liabilities and capital instruments that—

    (a)

    do not qualify as Common Equity Tier 1 instruments, Additional Tier 1 instruments or Tier 2 instruments, of the bank, and

    (b)

    are not excluded liabilities listed in section 48B(8),]

  • [F2“extraordinary public financial support” has the meaning given in Article 2.1(28) of the recovery and resolution directive;]

  • [F6“the PRA” means the Prudential Regulation Authority,

  • “the FCA” means the Financial Conduct Authority, and]

  • “financial assistance” has the meaning given by section 257.

  • [F2“own funds” means own funds as defined in Article 4.1(118) of the capital requirements regulation (read with Title I of Part Ten of that regulation),]

  • [F2“own funds requirements” means the requirements laid down in Articles 92 to 98 of the capital requirements regulation (read with Title I of Part Ten of that regulation),]

  • [F2“the recovery and resolution directive” means Directive 2014/59/EU of the European Parliament and of the Council of 15th May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms,]

  • [F2“relevant capital instruments” means Additional Tier 1 instruments and Tier 2 instruments,]

  • [F2“Tier 2 instruments” means capital instruments or subordinated loans that meet the conditions laid down in Article 63 of the capital requirements regulation (or which qualify as Tier 2 instruments by virtue of Chapter 2 of Title I of Part Ten of that regulation),]

[F7(2)For the purposes of the definition of “critical functions” in subsection (1)—

(a)a delegated act adopted by virtue of Article 2(2) of the recovery and resolution directive applies as it applies for the purposes of the definition of “critical functions” in Article 2(2) of that directive, and

(b)“group” means a parent undertaking within the meaning given by Article 4.1(15)(a) of the capital requirements regulation and its subsidiaries within the meaning given by Article 4.1(16) of that regulation.]

[F8(3)In this Part references to a director include, in relation to an undertaking which has no board of directors, a member of the equivalent management body responsible for the management of the undertaking concerned.]

Textual Amendments

F1S. 3(1): s. 3 renumbered as s. 3(1) (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 5(2)

F5Words in s. 3 inserted (1.1.2015) by Financial Services Act 2012 (c. 21), ss. 96(2), 122(3) (with Sch. 20); S.I. 2014/3323, art. 2

Commencement Information

I1S. 3 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 1