PART 3Amendments of primary and secondary legislation

Amendment of FSMA13

1

FSMA is amended as follows.

2

In section 55Z2 (notification of EBA) M1 after subsection (1) insert—

1A

A notification given in accordance with paragraph (a) or (c) of subsection (1) must contain a statement to the effect that the compensation scheme makes provision for cases where the credit institution concerned is unable, or likely to be unable, to satisfy claims against it.

3

In section 215 (rights of the scheme in insolvency), after subsection (2) insert—

2A

Any payment made by the scheme manager under section 214B(2) M2 in connection with the exercise of a stabilisation power in respect of a bank, building society or credit union is to be treated as a debt due to the scheme manager from that bank, building society or (as the case may be) credit union.

2B

In subsection (2)—

  • bank” has the meaning given in section 2 of the Banking Act 2009 M3;

  • building society” has the meaning given in the Building Societies Act 1986 M4;

  • credit union” means a credit union within the meaning of—

    1. a

      the Credit Unions Act 1979 M5; or

    2. b

      article 2 of the Credit Unions (Northern Ireland) Order 1985 M6.

4

In section 218A (regulators power to require information) M7, for subsection (1) substitute—

1

Each regulator may make rules enabling that regulator to require authorised persons to—

a

provide information to the scheme manager on the request of that regulator or the scheme manager; or

b

provide information to that regulator, which may then be made available to the scheme manager by that regulator.