9.—[F2(1) Section 137A(1) of FSMA (the FCA’s general rules) has effect as if at the end there were inserted “or for the purposes of, to facilitate or in consequence of the Dunfermline Building Society Property Transfer Instrument 2009”.
(1A) Section 137G(1) of FSMA (the PRA’s general rules) has effect as if at the end there were inserted “or for the purposes of, to facilitate or in consequence of the Dunfermline Building Society Property Transfer Instrument 2009”.]
(2) [F3Section 138A(1)] of FSMA (modification or waiver of rules) is modified so it applies in relation to a relevant person—
(a)in the absence of an application by the relevant person, and
(b)without any requirement for consent by the relevant person.
(3) [F4Section 138A(4)] of FSMA is to have effect such that it does not prevent the [F5FCA or the PRA] from modifying or waiving rules in relation to a relevant person under [F6section 138A] where the following condition is satisfied.
(4) The condition is that [F7that regulator] is satisfied that the modification or waiver is necessary for the purposes of, to facilitate or in consequence of the Property Transfer Instrument.
(5) In this article, relevant persons are Dunfermline Building Society and the Dunfermline Bridge Bank.
Textual Amendments
F1Words in art. 9 heading substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 167(b)(v)
F2Art. 9(1)(1A) substituted for art. 9(1) (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 167(b)(i)
F3Words in art. 9(2) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 167(b)(ii)
F4Words in art. 9(3) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 167(b)(iii)(aa)
F5Words in art. 9(3) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 167(b)(iii)(bb)
F6Words in art. 9(3) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 167(b)(iii)(cc)
F7Words in art. 9(4) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 167(b)(iv)
Commencement Information
I1Art. 9 in force at 30.3.2009 at 8.00 a.m., see art. 1(2)