4.Amendments of the Bank Recovery and Resolution (No.2) Order 2014
6.Revocation and amendments of retained direct EU legislation
7.The following instruments are amended in accordance with Schedule 5—...
Amendments of the Banking Act 2009
4.In subsection (2), for paragraph (a) (but not the “and”...
5.After subsection (2) insert— (2A) The Treasury may by regulations...
6.After subsection (3) insert— (4) In this Part a reference...
8.Mandatory write-down, conversion etc of capital instruments
9.In section 6B (mandatory write-down, conversion, etc of capital instruments),...
10.(1) Section 6C (mandatory reduction instruments: implementation of requirements of...
11.Valuation before mandatory write-down of capital or stabilisation action
13.(1) Section 7A (effect on other group members, financial stability...
14.In section 8ZA (specific conditions: asset management vehicle), omit subsection...
16.In section 12AA (bail-in: sequence of write-down and conversion of...
20.In section 48C (meaning of “protected deposit”), in subsection (1)...
21.(1) In section 48D (general interpretation of section 48B), subsection...
22.(1) Section 48H (business reorganisation plans) is amended as follows....
26.In section 70C (suspension of termination rights), in subsection (6)...
27.(1) Section 70D (suspension: general provisions) is amended as follows....
28.In section 75 (power to change law), in subsection (9),...
30.(1) Section 81B (sale to commercial purchaser and transfer to...
31.(1) Section 81ZBA (transfer to asset management vehicle) is amended...
32.In section 81BA (bail-in option)— (a) in subsection (2) omit...
33.In section 81CA (section 81BA: supplemental), in subsection (5), omit...
34.In section 81D (interpretation: “banking group company” etc), in subsection...
36.(1) Section 83ZE (investigations etc in support of foreign resolution...
38.In section 83ZZ (co-operation), in paragraph (c) for “giving” substitute...
40.In section 89A (application of Part 1 to investment firms),...
42.(1) Section 89I (effect of recognition of third-country resolution action...
44.In subsection (2)(c) for the words from “meaning” to “directive”...
45.(1) The modified version of section 6E substituted by subsection...
46.(1) The modified version of section 7 substituted by subsection...
47.(1) The modified version of section 7A substituted by subsection...
48.(1) The modified version of section 48B substituted by subsection...
49.(1) In the Table of further modifications in subsection (11),...
55.(1) In section 259 (statutory instruments), in subsection (3), the...
56.(1) In section 261 (index of defined terms), the Table...
Amendments of the Bank Recovery and Resolution (No.2) Order 2014
2.In article 3 (application of Order), in the opening words,...
5.(1) Article 8 (resolution planning: preparatory steps and simplified obligations)...
9.(1) Article 13 (criteria for assessment) is amended as follows....
12.(1) Article 18 (assessment of group recovery plan) is amended...
13.(1) Article 19 (purpose of assessment) is amended as follows....
14.For article 20 substitute— Timing of assessment of plan The appropriate regulator must conclude the assessment within the four...
16.(1) Article 22 (revision of plan) is amended as follows....
17.(1) Article 23 (business changes and relevant measures) is amended...
18.Omit articles 25 (references to EBA) and 26 (requesting the...
19.Assessment of group recovery plan where neither the PRA nor the FCA is the consolidating supervisor
21.(1) Article 34 (review of group recovery plan assessed under...
22.Omit article 35 (review of group recovery plan assessed under...
26.(1) Article 41 (information to be transmitted for the purpose...
27.Omit articles 42 (joint decision on adoption of group resolution...
29.Group resolution plan where neither the PRA nor the FCA is the consolidating supervisor
31.In article 54 (review of group resolution plan drawn up...
32.Omit article 55 (review of group resolution plan drawn up...
35.(1) Article 60 (assessment of resolvability) is amended as follows....
37.(1) Article 62 (assessment of group resolvability where the PRA...
38.Omit article 63 (assessment of group resolvability where neither the...
40.(1) Article 66 (effect of notice of determination) is amended...
41.Removal of impediments to resolvability of group entities where the PRA or FCA is the consolidating supervisor
42.(1) Article 69 (report on substantive impediments to the resolvability...
43.(1) Article 70 (suspension of requirement to draw up or...
44.(1) Article 71 (determining remedial measures) is amended as follows....
45.Omit articles 72 (joint decision on impediments to group resolvability...
46.Removal of impediments to resolvability of groups where neither the PRA nor the FCA is the consolidating supervisor
48.(1) Article 84 (review of group financial support agreement and...
49.In article 85 (duty to transmit a copy of application),...
50.Omit 86 (joint decision with other competent authorities), 87 (references...
52.(1) Article 90 (amendment of authorised agreement) is amended as...
53.Authorisation of agreement for group financial support where neither the PRA nor the FCA is the consolidating supervisor
54.Approval of authorised agreements by the members of a UK group entity
55.After article 98 insert— Publication of information concerning group financial...
57.(1) Article 102 (relevant notice from UK group entity: decision...
58.(1) Article 103 (duties of consolidating supervisor where financial support...
59.Omit articles 104 (re-assessment of recovery plans by the PRA...
61.(1) Article 108 (notice that institution meets the conditions for...
62.Early intervention with respect to groups where the PRA or FCA is the consolidating supervisor
63.(1) Article 111 (procedure for early intervention in respect of...
64.Omit articles 112 (procedure for early intervention in respect of...
65.Early intervention with respect to groups where neither the PRA nor the FCA is the consolidating supervisor
66.Minimum requirement for own funds and eligible liabilities: determination of minimum requirement for an institution
68.(1) Article 123 (determination of minimum requirement) is amended as...
69.Determination of minimum consolidated requirement where the PRA or FCA is the consolidating supervisor
70.(1) Article 126 (determination of minimum consolidated requirement) is amended...
71.Omit articles 127 (joint determination) and 128 (references to EBA:...
72.In article 129 (review of minimum consolidated requirement), in paragraph...
73.Determination of minimum consolidated requirement where neither the PRA nor the FCA is the consolidating supervisor
74.Determination of minimum requirements for group institutions where the PRA or FCA is the consolidating supervisor
76.(1) Article 135 (determination of minimum requirement) is amended as...
77.Omit articles 136 (joint determination of minimum requirements) and 137...
78.(1) Article 138 (review of minimum requirements) is amended as...
79.(1) Article 139 (minimum requirement for other group entities set...
80.Determination of minimum requirements for group institutions where neither the PRA nor the FCA is the consolidating supervisor
81.Minimum requirement for own funds and eligible liabilities: other provisions
82.(1) Article 148 (meeting minimum requirement through contractual bail-in instruments...
84.(1) Article 150 (determinations pursuant to Article 59.3 of the...
86.Omit article 153 (joint determination under Article 59(3)(c) of the...
87.Removal of procedural impediments to application of bail-in tool
88.(1) Article 155 (requirement to increase or remove limit on...
89.After article 156 insert— PART 11A Contractual recognition of bail-in Contractual...
90.Treatment of derivative contracts where bail-in option is applied
91.Preparation of business reorganisation plans after application of bail-in tool: assessment of plan drawn up by an institution
92.(1) Article 161 (purpose of assessment) is amended as follows....
93.Assessment of business organisation plan drawn up by a single group entity
94.(1) Article 164 (assessment etc of business reorganisation plan) is...
95.Assessment of business organisation plan drawn up for relevant group where the PRA or FCA is the consolidating supervisor
97.(1) Article 167 (assessment of business reorganisation plan) is amended...
98.(1) Article 168 (purpose of assessment) is amended as follows....
100.(1) Article 171 (revision of plan) is amended as follows....
101.Omit articles 173 (references to European Banking Authority) and 174...
102.Assessment of business reorganisation plan drawn up for relevant group where neither the PRA nor the FCA is the consolidating supervisor
103.Procedural obligations where an undertaking is failing or likely to fail
104.(1) Article 182 (matters to be notified by the regulator...
105.(1) Article 183 (notification that an undertaking is failing or...
106.In Part 14, after article 184 insert— Notifications under articles...
108.Modified application of company law to banks etc in resolution
109.(1) Article 218 (modified application of legislation on cross-border mergers)...
110.(1) Article 219 (modified application of the Companies Act 2006...
111.(1) Article 220 (modified application of the Companies Act 2006...
113.(1) Article 223 (duty to co-operate) is amended as follows....
114.Omit articles 224 (non-binding co-operation arrangements in line with EBA...
119.Additional information for purposes of a resolution plan and matters the Bank is to consider when assessing resolvability
Amendments of other secondary legislation
1.The Banking Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) Regulations 2009
2.The Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009
3.The Banking Act 2009 (Restriction of Partial Property Transfers) (Recognised Central Counterparties) Order 2014
6.The Banking Act 2009 (Mandatory Compensation Arrangements Following Bail-in) Regulations 2014
7.The Banking Act 2009 (Restriction of Special Bail-in Provision, etc.) Order 2014