The Banking Act 2009 (Banking Group Companies) Order 2014

Interpretation U.K.

2.—(1) In this Order—

[F1 “the bank”, in relation to any undertaking, means the bank F2 ... or third country institution in the same group as the undertaking;]

“covered bond vehicle” means a limited liability partnership—

(a)

which is a party to a capital market arrangement (within the meaning given in section 72B of the Insolvency Act 1986 M1 ) or a transaction in pursuance of such a capital market arrangement; and

(b)

whose trade or business (ignoring any incidental activities) consists wholly or mainly of one or both of the following—

(i)

providing guarantees;

(ii)

acquiring, owning and managing assets directly or indirectly forming the whole or part of the security for the capital market arrangement;

“financial holding company” means a company which is—

(a)

a financial institution; and

(b)

a parent whose subsidiaries are exclusively or mainly—

(i)

credit institutions;

(ii)

financial institutions;

(iii)

investment exchanges;

(iv)

investment firms; or

(v)

central counterparties;

“financial institution” has the meaning given by point (26) of Article 4(1) of the Capital Requirements Regulation;

“mixed activity holding company” means a parent—

(a)

whose subsidiaries include at least one—

(i)

credit institution;

(ii)

investment firm; or

(iii)

central counterparty;

(b)

which is not itself a credit institution, investment firm or central counterparty; and

(c)

which, together with its subsidiaries, constitutes a group which—

(i)

fails to meet condition (b)(i) in point 14 of Article 2 of the Supplementary Supervision Directive (condition for group being considered a financial conglomerate that its activities occur mainly in the financial sector);

(ii)

if its subsidiaries include a central counterparty or investment exchange, would fail to meet that condition if such entities were financial sector entities for the purposes of Article 3(1) of the Supplementary Supervision Directive;

“parent” means a parent undertaking within the meaning given by section 1162 of the Companies Act 2006 M2 ;

“securitisation company” means—

(a)

a company of a kind mentioned in section 83(2) of the Finance Act 2005 M3 (meaning of “securitisation company”); or

(b)

a company that meets condition A specified in regulation 4 of the Taxation of Securitisation Companies Regulations 2006 M4 (meaning of “securitisation company”); and

“subsidiary” means a “subsidiary undertaking” within the meaning given by section 1162 of the Companies Act 2006.

(2) In this article, for the interpretation of “financial holding company”, “financial institution” and “mixed activity holding company”—

“the Capital Requirements Regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26th June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012 M5 [F3 as it [F4 forms part of retained EU law]];

“central counterparty” has the meaning given by section 313(1) of the Financial Services and Markets Act 2000 M6 ;

“credit institution” has the meaning given by point (1) of Article 4(1) of the Capital Requirements Regulation;

“investment firm” has the meaning given by point (2) of Article 4(1) of the Capital Requirements Regulation; and

“the Supplementary Supervision Directive” means Directive 2002/87/EC of the European Parliament and of the Council of 16th December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22EEC and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council M7 .

Textual Amendments

F1 Words in art. 2(1) substituted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 127

F2 Words in art. 2(1) omitted (31.12.2020) by virtue of The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 4 para. 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 2(2) inserted (21.12.2018) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(3), Sch. 4 para. 4(2)(b)

F4 Words in art. 2(2) substituted (31.12.2020 immediately before IP completiton day) by The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020 (S.I. 2020/1385), reg. 1(4), Sch. para. 1(1)(2)(g)

Marginal Citations

M1 1986 c. 45. See paragraph 1 of Schedule 2A to the Act. Section 72B and Schedule 2A were inserted by the Enterprise Act 2002 (c. 40), section 250 and Schedule 18.

M2 2006 c. 46.

M3 2005 c. 7.

M4 S.I. 2006/3296 as amended by S.I. 2007/3401 and 2007/3339. There are other amendments not relevant to this Order.

M5 OJ No. L 176, 27.6.2013, p. 1-137. For corrigenda see OJ No. L 208, 2/8/2013, p. 68 and OJ No. L 321,30/11/2013, p. 6.

M6 2000 c. 8. The definition of “central counterparty” was inserted by S.I. 2013/504. There are other amendments to section 313(1) not relevant to this Order.

M7 OJ No. L 35, 11.2.2003, p. 1-27, as amended by Directive 2011/89/EU (OJ No. L 326, 8.12.2011, p. 113-141) and Directive 2013/36/EU (OJ No. L176, 27.6.2013, p. 338). There are other amendments not relevant to this Order.