12.—(1) This paragraph applies where —
(a)the events in paragraph 11(1)(a) to (c) have occurred;
(b)the Bank of England has given the Objective A Achievement Notice; and
(c)[F2no direction has been given] under regulation 16, or if it has, that direction has been withdrawn.
(2) Paragraph 54 of Schedule B1 applies in respect of that statement save that—
(a)if the administrator considers that the proposed revision affects both creditors and clients, then every reference in paragraph 54 to creditors includes clients;
(b)if the administrator considers that the proposed revision only affects either creditors or clients, then paragraph 54 only applies in respect of the affected party,
and where sub-paragraph (b) applies, the party not affected must be informed of the proposed revision in a manner prescribed.
(3) In sub-paragraph (2) of paragraph 54 the [F3FCA and, where the investment bank concerned is a PRA-authorised person, the PRA] shall be sent a copy of the statement of the proposed revision and be invited to appoint a representative to attend the creditors' meeting.
(4) The FSCS shall be sent a copy of the statement of the proposed revision.
Textual Amendments
F1Words in Sch. 2 para. 12 heading substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(vii) (with Sch. 2 para. 213)
F2Words in Sch. 2 para. 12(1)(c) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(viii)(aa) (with Sch. 2 para. 213)
F3Words in Sch. 2 para. 12(3) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(viii)(bb) (with Sch. 2 para. 213)