9A

This Part applies to the following types of groups—

F5a

insurance or reinsurance undertakings—

i

which are a participating undertaking in at least one insurance undertaking, reinsurance undertaking, Gibraltarian insurance undertaking, Gibraltarian reinsurance undertaking, third-country insurance undertaking or third-country reinsurance undertaking; or

ii

the parent undertaking of which is a Gibraltarian insurance undertaking or a Gibraltarian reinsurance undertaking;

b

insurance or reinsurance undertakings, the parent undertaking of which is an insurance holding company or a mixed financial holding company which has its head office in the United Kingdom F6or Gibraltar,

c

insurance or reinsurance undertakings, the parent undertaking of which is an insurance holding company or a mixed financial holding company which has its head office in a third country or a third-country insurance or reinsurance undertaking, and

d

insurance or reinsurance undertakings, the parent undertaking of which is a mixed-activity insurance holding company.

9B

Where the participating insurance or reinsurance undertaking F7, or participating Gibraltarian insurance or reinsurance undertaking or the insurance holding company or the mixed financial holding company referred to in regulation 9A(a) and (b) is a subsidiary undertaking of—

a

another insurance or reinsurance undertaking,

F8aa

another Gibraltar insurance or reinsurance undertaking;

b

another insurance holding company, or

c

another mixed financial holding company,

which has its head office in the United Kingdom F9or Gibraltar, the United Kingdom law which implemented Articles 218 to 258 of the Solvency 2 Directive apply only at the level of the F10ultimate UK solvency 2 parent which has its head office in the United Kingdom or in Gibraltar.

13

The PRA may supervise an ultimate UK solvency 2 parent at group level in the United Kingdom where—

a

the ultimate UK solvency 2 parent has its head office in Gibraltar; and

b

the PRA is not the group supervisor.

14

1

The PRA must follow the procedure set out in this regulation when supervising an ultimate UK solvency 2 parent under regulation 13(1).

2

Before deciding to exercise supervision, the PRA must consult the FSC and the ultimate UK solvency 2 parent.

3

If the PRA decides to exercise supervision, the PRA must explain its decision to both the FSC and the ultimate UK solvency 2 parent.

4

The PRA must recognise and apply any permission granted pursuant to the laws of Gibraltar which were relied on immediately before IP completion day to implement Article 231 or 233(5) of the Solvency 2 Directive, as those laws are amended from time to time, to the ultimate UK solvency 2 parent to calculate the group solvency capital requirement for insurance undertakings, reinsurance undertakings, Gibraltarian insurance undertakings and Gibraltarian reinsurance undertakings in the group on the basis of an internal model.

Supervision of group solvency and frequency of calculation15

1

Subject to paragraph (2), where the PRA is the group supervisor of a type of group referred to in regulation 9A(a) or (b), the PRA must—

a

ensure that the calculations referred to in rules 4.1 and 4.2 of the Group Supervision part of the PRA Rulebook are carried out at least annually to ensure that the group has adequate financial resources at the level of the ultimate UK solvency 2 parent,

b

conduct supervisory reviews to determine whether the insurance undertakings or reinsurance undertakings in the group are complying with the requirement to ensure that the group has adequate financial resources at the level of the ultimate UK solvency 2 parent, and

c

where the group is not headed by an insurance undertaking or reinsurance undertaking F15, Gibraltarian insurance undertaking or Gibraltarian reinsurance undertaking, consult the undertakings in the group before identifying an undertaking other than an insurance holding company or a mixed financial holding company to supply relevant data for, and the results of, the calculations referred to in paragraph (1)(a).

2

Subject to paragraph (3), where the PRA is required to rely on supervision exercised by a supervisory authority in a third country which has a prudential group supervision regime which is determined as equivalent in accordance with regulation 35, the PRA may determine that paragraph (1)—

a

does not apply, or

b

applies with only such modifications as may be specified in the determination.

3

The PRA may not give a determination under paragraph (2) unless it is satisfied that—

a

compliance by insurance or reinsurance undertakings in the group with rules or requirements imposed by the PRA pursuant to paragraph (1) would be unduly burdensome; and

b

the determination would not adversely affect the advancement of any of the PRA's objectives.

4

The PRA may revoke or vary a determination given under paragraph (2).

Gibraltar undertakings: calculation of group solvency19A

1

This regulation applies where—

a

the PRA is the group supervisor of a group;

b

the group contains—

i

a Gibraltarian insurance undertaking,

ii

a Gibraltarian reinsurance undertaking, or

iii

an insurance undertaking or a reinsurance undertaking for which the calculation of the group solvency includes an undertaking in paragraph (i) or (ii).

2

The PRA must permit the group to take into account laws adopted by Gibraltar in respect of the group's solvency capital requirement and the own funds eligible to satisfy the solvency capital requirement in the calculation of the group's solvency.

Rule for deciding the group supervisor26

F281

F29Subject to paragraph (2), where an insurance undertaking or reinsurance undertaking that is authorised by the PRA under Part 4A of FSMA is part of a group, the PRA is the group supervisor and must supervise that group.

F302

The FSC is the group supervisor and must supervise that group where the group includes a Gibraltarian insurance undertaking or a Gibraltarian reinsurance undertaking and—

a

the FSC was designated as the group supervisor under Article 247 of the Solvency 2 Directive before IP completion day; or

b

the PRA and the FSC have agreed that the FSC is to be the group supervisor.

Non-UK solvency 2 parent undertakings: equivalence35

1

The PRA must rely on the equivalent group supervision exercised by third country supervisory authorities, where the condition in paragraph (2) is met, or the alternative condition in paragraph (3) is met.

2

The condition is that—

a

either of the following determinations have been made—

i

the Treasury have made regulations under regulation 380A(1) of the Solvency 2 Regulation, or the Commission has adopted a delegated act under Article 260(3) of the Solvency 2 Directive prior to F3IP completion day, determining that the prudential regime of the third country is equivalent, or

ii

the Treasury have made regulations under regulation 380A(4) of the Solvency 2 Regulation, or the Commission has adopted a delegated act under Article 260(5) of the Solvency 2 Directive prior to F3IP completion day, determining that the prudential regime of the third country is temporarily equivalent,

b

that determination still applies,

c

there is no insurance undertaking or reinsurance undertaking situated in the United Kingdom with a balance sheet total that exceeds the balance sheet total of the parent undertaking situated in the third country, and

d

the PRA has verified that the that the group is subject to supervision by a third-country supervisory authority in accordance with that equivalent or temporarily equivalent regime.

3

The alternative condition is that the PRA has verified that the group is subject to supervision by a third country supervisory authority which is equivalent in accordance with paragraph (4).

4

Where the conditions referred to in paragraph (2) do not apply, the PRA—

a

must take a decision on equivalence at the request of the parent undertaking or the insurance undertaking or reinsurance undertaking; or

b

may take a decision on equivalence on its own initiative,

in accordance with paragraph (5).

5

Where the PRA takes a decision on equivalence, the PRA must—

a

verify equivalence at the level of the ultimate non-UK solvency 2 parent,

b

ensure that its decision on equivalence does not contradict any previous decision taken in relation to the third country, except where it is necessary to do so in order to take into account significant changes to the supervisory regime laid down in Part 3 of these Regulations and the PRA Rulebook on Group Supervision or to the supervisory regime in the third country, and

c

take its decision on equivalence in accordance with the criteria set out in Regulation 380 of the Solvency 2 Regulation.

6

Paragraph (7) applies where the PRA is required to rely on supervision exercised by a supervisory authority in a third country which, in accordance with paragraph (2) or (3), has a prudential group supervision regime which is determined as equivalent to Part 3 of these Regulations and the PRA Rulebook on Group Supervision (but see paragraph (8)).

7

The PRA must consult the other members of the college of supervisors before taking a decision which is of importance to the supervisory tasks of another supervisory authority with regard to—

a

changes in the shareholder, organisational or management structure of insurance undertakings or reinsurance undertakings in the group, which require the approval or authorisation of the other supervisory authority,

b

a decision on the extension of the recovery period under rule 3.1(3) of the Undertakings in Difficulty part, and rule 4.4 of the Group Supervision part, of the PRA Rulebook, or

c

the imposition of a capital add-on, a limitation on the use of an internal model for calculating the solvency capital requirement, or any other major sanctions or exceptional measures taken by the other supervisory authority.

8

Paragraph (7) does not apply—

a

in cases of urgency, or

b

where consultation may jeopardise the effectiveness of a decision of the PRA,

provided the PRA informs the other supervisory authorities concerned without delay.

9

The PRA must also consult a supervisory authority before taking a decision based on information received from that supervisory authority.

Parent undertaking outside the United Kingdom: absence of equivalence36

1

This regulation applies where—

a

a parent undertaking of an insurance undertaking or reinsurance undertaking established in the United Kingdom has its head office in a third country,

b

one of the conditions in paragraph (2) is satisfied, and

c

one of the conditions in paragraph (3) is satisfied.

2

The conditions are—

a

the prudential group supervision regime of the third country has not been determined to be equivalent by the Treasury or the PRA, and the Commission has not adopted a delegated act under Article 260(3) of the Solvency 2 Directive prior to F4IP completion day, determining that the prudential regime of the third county is equivalent to Title 3 of the Solvency 2 Directive;

b

the prudential group supervision regime has been determined to be equivalent by the Treasury, the PRA or the Commission, but the PRA has not verified that the group is subject to supervision by a third-country supervisory authority in accordance with that equivalent regime.

3

The conditions are—

a

the prudential group supervision regime of the third country has not been determined to be temporarily equivalent;

b

if the prudential group supervision regime of the third country has been determined to be temporarily equivalent, the group is not subject to that regime or the group contains an insurance undertaking or reinsurance undertaking in the United Kingdom with a balance sheet total that exceeds the balance sheet total of the parent undertaking situated in the third country.

4

The PRA must, at the level of the ultimate non-UK solvency 2 parent—

a

ensure appropriate supervision of the insurance undertakings and reinsurance undertakings that are authorised by the PRA in the group, and

b

ensure the objectives of group supervision are achieved.

5

The PRA may require the group to establish an insurance holding company or mixed financial holding company with its head office in the United Kingdom.

Parent undertakings outside the United Kingdom: levels36A

1

Where the parent undertaking of an insurance undertaking or reinsurance undertaking with its head office outside the United Kingdom is itself a subsidiary of—

a

an insurance holding company or a mixed financial holding company which has its head office in a third country, or

b

a third-country insurance or reinsurance undertaking,

regulation 35 only applies at the level of the ultimate parent undertaking which is a third-country insurance holding company, a third-country mixed financial holding company, a third-country insurance undertaking or a third- country reinsurance undertaking.

2

The PRA may, in the absence of equivalent supervision referred to in regulation 35, carry out a new verification of equivalence at a lower level where a parent undertaking of insurance or reinsurance undertakings exists, whether at the level of a third-country insurance holding company, a third country mixed financial holding company, a third-country insurance undertaking or a third-country reinsurance undertaking.

3

Where paragraph (2) applies, regulation 35 applies with any necessary changes at that lower level.

4

Where paragraph (2) applies, the PRA must explain its decision to the group to which the insurance undertaking or reinsurance undertaking belongs.

3

The requirements in regulation 24 apply to the transactions specified in paragraph (2).