F1PART 5ZAO-SII Buffers
CHAPTER 2United Kingdom buffer rates for O-SIIs
O-SII buffer rates: The FPC framework34ZB
1
The FPC must have a framework for O-SII buffer rates in the United Kingdom established in accordance with this regulation (“the FPC framework”).
2
The FPC framework must contain the following elements—
a
a set of criteria for assessing the extent to which the failure or distress of a relevant O-SII might pose a risk to the financial system;
b
a methodology for measuring the criteria and giving a relevant O-SII a single score in relation to the criteria; and
c
in relation to each score that an O-SII may receive, a buffer rate that corresponds to the score.
3
In paragraph (2)(a), a relevant O-SII is in distress only if it experiences a significant deterioration in its financial situation.
4
In paragraph (2)(a) the criteria to be specified must each be—
a
measurable; and
b
capable of being applied to a relevant O-SII on an individual basis, a sub-consolidated basis and a consolidated basis.
5
In paragraph (2)(c) the only buffer rates that the FPC may specify are 0%, 1%, 1.5%, 2%, 2.5% and 3%.
6
The way in which buffer rates correspond to scores in the FPC framework—
a
must be clear, precise and unambiguous;
b
must ensure that a score corresponds to one buffer rate only;
c
may not be expressed in terms of a discretion conferred on a person or body (including the FPC); and
may be expressed by way of a formula, an algorithm, a graph or a table.
7
The Bank must publish each element of the FPC framework, together with the FPC’s justification for each element.
Pt. 5ZA substituted for reg. 34 (29.12.2020) by The Capital Requirements (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1401), regs. 1(2A), 59 (as amended by S.I. 2020/1406, regs. 1(2), 10, 18)