SCHEDULE 2Modifications to the Credit Institutions (Reorganisation and Winding Up) Regulations 2004

Regulation 3

I11

The modifications to the Credit Institutions (Reorganisation and Winding Up) Regulations 2004 are as follows.

Annotations:
Commencement Information
I1

Sch. 2 para. 1 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I22

Regulation 2 M1 applies as if—

a

in paragraph (1)—

i

in the definition of “branch”, for “an EEA or UK” there were substituted “ a UK or Gibraltar ”;

ii

in the definition of “capital requirements directive”, at the end, there were inserted “as it had effect immediately before F1IP completion day”;

iii

in the definition of “capital requirements regulation”, at the end, there were inserted “as it forms part of domestic law under section 3 of the European Union (Withdrawal) Act 2018”;

iv

in the definition of “directive reorganisation measure”, at the end, there were inserted “but does not include any “third-country resolution action” within the meaning of section 89H of the Banking Act 2009 M2”;

v

in the definition of “directive winding-up proceedings”, the reference in the definition in Article 2 of the reorganisation and winding-up directive to “a Member State” were a reference to “Gibraltar”;

vi

the definitions of “EEA credit institution”, “EEA creditor”, “EEA regulator” and “EEA State” were omitted;

vii

in the appropriate places there were inserted—

Gibraltarian credit institution” means a Gibraltar undertaking of the kind mentioned in Article 4(1)(1) and 4(1)(17) of the capital requirements regulation and subject to the exclusion of the undertakings referred to in Article 2(5)(2) to (23) of the capital requirements directive;

Gibraltarian regulator” means the Gibraltar Financial Services Commission;

viii

for the definition of “home state regulator” there were substituted—

home state regulator” means the Gibraltar Financial Services Commission;

ix

the definition of “official language” were omitted;

x

in the definition of “recovery and resolution directive”, at the end, there were inserted “as it had effect immediately before F1IP completion day”;

xi

in the definition of “the reorganisation and winding up directive”, at the end, there were inserted “as it had effect immediately before F1IP completion day”;

b

in paragraph (2)—

i

in sub-paragraphs (a) and (b), for “the relevant EEA State” both times it occurs, there were substituted “ Gibraltar ”;

ii

the words after sub-paragraph (b) were omitted.

I33

Regulation 3 M3 applies as if—

a

for “an EEA credit institution”, each time it occurs, there were substituted “ a Gibraltarian credit institution ”;

b

in paragraph (7), for “an incorporated EEA credit institution”, there were substituted “ an incorporated Gibraltarian credit institution ”.

F5c

paragraph (7A) were omitted.

I44

Regulation 4 M4 applies as if—

a

in paragraphs (1) and (2), for “an EEA credit institution”, each time it occurs, there were substituted “ a Gibraltarian credit institution ”;

b

in paragraphs (5) and (6), for “the EEA credit institution”, each time it occurs, there were substituted “ the Gibraltarian credit institution ”.

Annotations:
Commencement Information
I4

Sch. 2 para. 4 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M4

Regulation 4 was amended by S.I. 2011/1265.

I55

Regulation 5 M5 applies as if—

a

in the heading, for “EEA credit institutions” there were substituted “ Gibraltarian credit institutions ”;

b

for “an EEA insolvency measure” each time it occurs, there were substituted “ a Gibraltar insolvency measure ”;

c

for “an EEA credit institution” each time it occurs, there were substituted “ a Gibraltarian credit institution ”;

d

for “the relevant EEA State” each time it occurs, there were substituted “ Gibraltar ”;

e

in paragraph (2), in the words after sub-paragraph (b), for “the EEA credit institution” there were substituted “ the Gibraltarian credit institution ”;

f

in paragraph (3)(b), for “the EEA insolvency measure” there were substituted “ the Gibraltar insolvency measure ”;

g

in paragraph (6)—

i

in the definition of “EEA insolvency measure” for “EEA insolvency measure” there were substituted “ Gibraltar insolvency measure ”;

ii

the definition of “relevant EEA State” were omitted.

Annotations:
Commencement Information
I5

Sch. 2 para. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M5

Regulation 5 was amended by S.I. 2013/3115.

I66

Regulation 6 applies as if, in paragraphs (2) and (3), in the inserted text, the words from “F6for the purposes of Articles 10” to the end of the inserted text were omitted.

I77

M6Regulation 10 applies as if—

a

in the heading, for “EEA regulators” there were substituted “ the Gibraltar regulator ”;

b

in paragraph (3)—

i

for “an EEA credit institution” there were substituted “ a Gibraltarian credit institution ”,

ii

for “the home state regulator” there were substituted “ the Gibraltarian regulator ”;

F7c

for paragraph (4), there were substituted—

4

In this regulation, the “relevant person” means, if the UK credit institution has a branch in Gibraltar, the Gibraltarian regulator.

I88

Regulation 12 M7 applies as if—

a

in paragraph (3), for the words from “the relevant officer” to the end, there were substituted “ if the UK credit institution has a branch in Gibraltar, the relevant officer must publish, or cause to be published, in two newspapers circulating in Gibraltar, the information mentioned in paragraph (4) and (if applicable) paragraphs (5) or (6). ”.

b

paragraph (12) were omitted.

Annotations:
Commencement Information
I8

Sch. 2 para. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M7

Regulation 12(3) and (12) were amended by S.I. 2011/1043.

I99

Regulation 13 applies as if, in paragraph (3)(c)(i), for “an EEA State” there were substituted “ Gibraltar ”.

Annotations:
Commencement Information
I9

Sch. 2 para. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1010

Regulation 14 applies as if, in paragraph (6), the words from “and that heading” to the end were omitted.

Annotations:
Commencement Information
I10

Sch. 2 para. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1111

Regulations 15 and 18 are to be ignored.

Annotations:
Commencement Information
I11

Sch. 2 para. 11 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1212

The heading to Part 4 is to be read as if, for “EEA rights” there were substituted “ Gibraltarian rights ”.

Annotations:
Commencement Information
I12

Sch. 2 para. 12 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1313

Regulation 22 applies as if, in the heading, for “EEA rights” there were substituted “ Gibraltarian rights ”.

Annotations:
Commencement Information
I13

Sch. 2 para. 13 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1414

Regulation 23 applies as if—

a

in paragraph (1)—

i

for “EEA employment contracts”, there were substituted “ Gibraltar employment contracts ”;

ii

for “EEA employment relationships” there were substituted “ Gibraltar employment relationships ”;

iii

for “the EEA State” there were substituted “ Gibraltar ”;

b

in paragraph (2)—

i

for “an EEA employment contract”, there were substituted “ a Gibraltar employment contract ”;

ii

for “an EEA employment relationship” there were substituted “ Gibraltar employment relationship ”;

iii

for “an EEA State” there were substituted “ Gibraltar ”.

Annotations:
Commencement Information
I14

Sch. 2 para. 14 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1515

Regulation 24 applies as if—

a

in paragraph (1)—

i

for “an EEA State” there were substituted “ Gibraltar ”; and

ii

for “that State” there were substituted “ Gibraltar ”;

b

in paragraph (2), for “the EEA State in whose territory the property is situated” substitute “ Gibraltar ”.

Annotations:
Commencement Information
I15

Sch. 2 para. 15 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1616

Regulation 25 applies as if—

a

for “an EEA State” there were substituted “ Gibraltar ”; and

b

for “that State” there were substituted “ Gibraltar ”.

Annotations:
Commencement Information
I16

Sch. 2 para. 16 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1717

Regulation 26 applies as if, in paragraph (1), for “an EEA State”, there were substituted “ Gibraltar ”.

Annotations:
Commencement Information
I17

Sch. 2 para. 17 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1818

Regulation 27 applies as if, for “an EEA State” both times it occurs, there were substituted “ Gibraltar ”.

Annotations:
Commencement Information
I18

Sch. 2 para. 18 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I1919

Regulation 29 M8 applies as if—

a

in paragraph (1), for “regulated market operating in an EEA State” there were substituted “ UK regulated market, or a regulated market operating in Gibraltar ”;

b

for paragraph (2), there were substituted—

2

For the purposes of this regulation, “UK regulated market” and “regulated market” have the meanings given in points 2.1.13A and 2.1.13 respectively of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, as that Regulation forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018, as modified by domestic law from time to time.

Annotations:
Commencement Information
I19

Sch. 2 para. 19 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M8

Regulation 29 was amended by S.I. 2014/3348.

I2020

Regulation 30 applies as if in the heading and in paragraph (1)(a), for “an EEA State” there were substituted “ Gibraltar ”.

Annotations:
Commencement Information
I20

Sch. 2 para. 20 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2121

Regulation 31 M9 applies as if—

a

in paragraph (1), for “an EEA State”, each time it occurs, there were substituted “ Gibraltar ”;

b

in paragraph (2), for “the EEA State” there were substituted “ Gibraltar ”;

c

in paragraph (3), insert at the end “ as that Directive has effect immediately before F2IP completion day.

I2222

Regulation 32 applies as if, in paragraph (1), for “an EEA State” and “that EEA State”, there were substituted in each case “ Gibraltar ”.

Annotations:
Commencement Information
I22

Sch. 2 para. 22 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2323

Regulation 33 applies as if—

a

in paragraph (1), for “the relevant EEA State”, there were substituted “ Gibraltar ”;

b

in paragraph (2)—

i

in the definition of “relevant proprietary right” for “an EEA state” there were substituted “ Gibraltar ”;

ii

the definition of “relevant EEA State” were omitted.

Annotations:
Commencement Information
I23

Sch. 2 para. 23 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2424

Regulation 34 M10 applies as if, in paragraph (2)(c), for the words “any EEA State” to the end, there were substituted “ Gibraltar which was relied on before F3IP completion day to implement these provisions; or ”.

I2525

Regulation 35 M11 applies as if, in paragraph (2)(c), for the words “any EEA State” to the end, there were substituted “ Gibraltar which was relied on before F4IP completion day to implement these provisions; or ”.

I2626

Regulations 36 to 38 are to be ignored.

Annotations:
Commencement Information
I26

Sch. 2 para. 26 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2727

Regulation 39 M12 applies as if, for the definition of “EEA investment firm”, there were substituted—

a

Gibraltarian investment firm” means an investment firm as defined in point (2) of Article 4(1) of the capital requirements regulation (as that regulation forms part of domestic law under section 3 of the European Union (Withdrawal) Act 2018) whose head office is in Gibraltar;

Annotations:
Commencement Information
I27

Sch. 2 para. 27 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations
M12

Regulation 39 was inserted, with regulations 40 to 49, by S.I. 2014/3348.

I2828

Regulation 41 applies as if—

a

in the heading and in the regulation, for “EEA investment firms” there were substituted “ Gibraltarian investment firms ”; and

b

for “EEA credit institutions” there were substituted “ Gibraltarian credit institutions ”.

Annotations:
Commencement Information
I28

Sch. 2 para. 28 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2929

Regulation 43 is to be ignored.

Annotations:
Commencement Information
I29

Sch. 2 para. 29 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I3030

Regulation 44 applies as if, in paragraph (a)—

a

in the opening words, for “EEA” there were substituted “ Gibraltar ”;

b

in the words after paragraph (iii), for “an EEA State other than the United Kingdom” there were substituted “ Gibraltar ”.

Annotations:
Commencement Information
I30

Sch. 2 para. 30 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I3131

Regulation 46 applies as if, in the heading and in the regulation, for “EEA”, each time it occurs, there were substituted “ Gibraltar ”.

Annotations:
Commencement Information
I31

Sch. 2 para. 31 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I3232

Regulations 47 to 49 are to be ignored.