Banking Act 2009

82Temporary public ownershipU.K.
This section has no associated Explanatory Notes

(1)The Treasury may take a parent undertaking of a bank (the “holding company”) into temporary public ownership, in accordance with section 13(2), if the following conditions are met.

(2)Condition 1 is that [F1the PRA is] satisfied that the general conditions for the exercise of a stabilisation power set out in section 7 are met in respect of the bank.

(3)Condition 2 is that the Treasury are satisfied that it is necessary to take action in respect of the holding company for the purpose specified in Condition A or B of section 9.

(4)Condition 3 is that the holding company is an undertaking incorporated in, or formed under the law of any part of, the United Kingdom.

(5)Before determining whether Condition 2 is met the Treasury must consult—

[F2(a)the PRA,

(aa)the FCA, and]

(b)the Bank of England.

(6)Expressions used in this section have the same meaning as in the Companies Act 2006.

Textual Amendments

F2S. 82(5)(a)(aa) substituted for s. 82(5)(a) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 17 para. 27(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Commencement Information

I1S. 82 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 1