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.