Part 1Special Resolution Regime

Holding companies

82Temporary public ownership

(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 the FSA are 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—

(a)

the FSA, and

(b)

the Bank of England.

(6)

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