Banking Act 2009

43 Onward transfer U.K.

(1) This section applies where the Bank of England has made a property transfer instrument in respect of a [F1 resolution company] in accordance with section 12(2) [F2 or 12ZA(3)] (“the original instrument”).

(2) The Bank of England may make one or more onward property transfer instruments.

(3) An onward property transfer instrument is a property transfer instrument which—

(a) provides for property, rights or liabilities of the [F3 resolution company] to be transferred (whether accruing or arising before or after the original instrument);

(b) makes other provision for the purposes of, or in connection with, the transfer of property, rights or liabilities of the [F3 resolution company] (whether the transfer has been or is to be effected by that instrument, by another property transfer instrument or otherwise).

(4) An onward property transfer instrument may relate to property, rights or liabilities of the [F4 resolution company] whether or not they were transferred under the original instrument.

(5) An onward property transfer instrument may not transfer property, rights or liabilities to the transferor under the original instrument.

(6) Sections 7, 8[F5 , 8ZA] and 52 do not apply to an onward property transfer instrument (but for other purposes it is to be treated in the same way as any other property transfer instrument, including for the purposes of the application of a power under this Part).

(7) Before making an onward property transfer instrument the Bank of England must consult—

[F6 (a) the PRA,

(aa) the FCA, and]

(b) the Treasury.

(8) Section 42 applies where the Bank of England has made an onward property transfer instrument.

Textual Amendments

F1 Words in s. 43(1) substituted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(2)(a)

F2 Words in s. 43(1) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(2)(b)

F3 Words in s. 43(3) substituted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(3)

F4 Words in s. 43(4) substituted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(4)

F5 Word in s. 43(6) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(5)

F6 S. 43(7)(a)(aa) substituted for s. 43(7)(a) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 17 para. 22 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Commencement Information

I1 S. 43 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 1