http://www.legislation.gov.uk/id/uksi/1992/3218/part/III

http://www.legislation.gov.uk/uksi/1992/3218/part/III/crossheading/procedural-requirements/made

The Banking Coordination (Second Council Directive) Regulations 1992

Banking

Credit licences

King's Printer of Acts of Parliament

2016-10-18

BANKING

These Regulations give effect to the Second Council Directive 89/646/EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (OJ No. L386, 30.12.89, p.1), and to certain provisions of Council Directive 77/780/EEC (OJ No. L322, 17.12.77, p.30), which is amended by the Second Council Directive. They also give effect to the Council Directive 92/30/EEC on the supervision of credit institutions on a consolidated basis (OJ No. L110, 28.4.92, p.52). The Regulations come into force on 1st January 1993.

The Banking Coordination (Second Council Directive) Regulations 1992

regs.12-13A

Bank of England Act 1998

s.23

Sch.5 Pt.I Ch.II

para.25

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(1A)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(3)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(2B)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(3)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2B(3)(a)

(b)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(4)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2B-2C

The Banking (Gibraltar) Regulations 1999

reg. 2(3)

reg. 1

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

Sch.8. para 9(2)

Criminal Justice Act 1993

s. 70(1)

(4)

The Banking Coordination (Second Council Directive) Regulations 1992

Sch.8. para 10(3)

Criminal Justice Act 1993

s. 70(1)

(4)

The Banking Coordination (Second Council Directive) Regulations 1992

Regulations

The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001

art. 3(2)(a)

art. 1

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

The Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Information Requirements and Investigations) Order 2001

art 12

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

reg.2A

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(d)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.5(3)

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(f)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.13A

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(g)

The Banking Coordination (Second Council Directive) Regulations 1992

reg 2B

The Banking (Gibraltar) Regulations 1999

reg.2(3)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.2C

The Banking (Gibraltar) Regulations 1999

reg.2(4)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 9(2)(c)(i)

(ii)

The Credit Institutions (Protection of Depositors)Regulations 1995

reg. 50(1)

reg. 54

reg. 1(2)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 9(2)(d)(i)

(ii)

The Credit Institutions (Protection of Depositors)Regulations 1995

reg. 50(2)

reg. 54

reg. 1(2)

The Banking Coordination (Second Council Directive) Regulations 1992

defn of European authorised institution

Finance Act 1994

s. 177(1)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(2B)

The Financial Institutions (Prudential Supervision) Regulations 1996

Sch. 5

para. 10

reg. 1(2)

PART IIIRECOGNITION IN OTHER MEMBER STATES OF UK INSTITUTIONS

Procedural requirements

Procedural requirements for carrying on certain listed activities22

1

Subject to paragraph (2) below, a UK institution shall not—

a

carry on in another member State by the provision of services any listed activity which it is authorised or permitted to carry on in the United Kingdom; or

b

establish a branch in another member State for the purpose of carrying on such an activity,

unless the requirements of paragraph 1 of Schedule 6 to these Regulations have been (and, in the case of a UK subsidiary, continue to be) complied with in relation to its carrying on of the activity or, as the case may be, its establishment of the branch.

2

Paragraph (1) above shall not apply in relation to a UK subsidiary if—

a

there has been no compliance with the requirements of paragraph 1 of Schedule 6 to these Regulations in relation to its carrying on of an activity or its establishment of a branch; or

b

each such compliance has ceased to have effect.

3

A UK institution shall not change the requisite details of a branch established by it in another member State unless the requirements of paragraph 5 of Schedule 6 to these Regulations have been complied with in relation to its making of the change.

4

An institution which contravenes paragraph (1) or (3) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

5

In proceedings brought against an institution for an offence under paragraph (4) above it shall be a defence for the institution to show that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

6

Schedule 6 to these Regulations (which contains requirements to be complied with by or in relation to UK institutions) shall have effect.