Part 1Special Resolution Regime

Incidental functions

66General continuity obligation: share transfers

1

In this section and section 67—

a

“transferred bank” means a bank all or part of the ownership of which has been transferred in accordance with section 11(2)(a) or 13(2),

b

“former group company” means anything which was a group undertaking in relation to the transferred bank immediately before the transfer (whether or not it is also a group undertaking in relation to the transferred bank immediately after the transfer),

c

“group undertaking” has the meaning given by section 1161(5) of the Companies Act 2006 (interpretation), and

d

“the continuity authority” means—

i

the Bank of England, where ownership was transferred in accordance with section 11(2)(a), and

ii

the Treasury, where ownership was transferred in accordance with section 13(2).

2

Each former group company must provide such services and facilities as are required to enable the transferred bank to operate effectively.

3

The duty under subsection (2) (the “continuity obligation”) may be enforced as if created by contract between the transferred bank and the former group company.

4

The duty to provide services and facilities in pursuance of the continuity obligation is subject to a right to receive reasonable consideration.

5

The continuity obligation is not limited to the provision of services or facilities directly to the transferred bank.

6

The continuity authority may by notice to a former group company state that in the authority’s opinion—

a

specified activities are required to be undertaken in accordance with the continuity obligation;

b

activities are required be undertaken in accordance with the continuity obligation on specified terms.

7

A notice under subsection (6) shall be determinative of the nature and extent of the continuity obligation as from the time when the notice is given.

8

The Bank of England may act under or by virtue of subsection (6) only with the consent of the Treasury.