SCHEDULE 5Amendments of Retained Direct EU legislation

Amendment of Commission Delegated Regulation (EU) 2016/778I11

1

Commission Delegated Regulation (EU) 2016/778 is amended as follows.

2

In Article 1 (subject matter)—

a

omit paragraph (a);

b

in paragraph (b) for the words from “point (35)” to the end substitute “ the definition of “critical functions” in section 3(1) of the Banking Act 2009 (including as applied by that Act in relation to persons other than a bank) ”;

c

in paragraph (c) for the words from “point (36)” to the end substitute “ the definition of “core business lines” in section 48B(14) of the Banking Act 2009 (including as applied in relation to other persons by that Act) ”;

d

omit the words from “Those rules” to the end.

3

In Article 2 (definitions) at the end insert—

4

‘resolution authority’ means the Bank of England;

5

‘institution’ has the meaning given in section 3A(8) of the Banking Act 2009;

6

‘group’ has the meaning given in section 3(2)(b) of the Banking Act 2009.

4

Omit Chapter II (deferral of ex post contributions).

5

In Article 6 (criteria relating to the determination of critical functions), in paragraph (2), in point (b), for “, national or European” substitute “ or national ”.

6

After Article 8 omit the sentence beginning “This regulation shall be binding”.