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| | Introductory Text |
| | Part 1 Special Resolution Regime (ss. 1-89M) |
| | Chapter 1 Introduction (ss. 1-3) |
In force | 1. Overview |
In force | 2. Interpretation: "bank" |
In force | 3. Interpretation: other expressions |
| | Chapter 2 Pre-resolution powers of the Bank of England (ss. 3A-3B) |
In force | 3A. Removal of impediments to the exercise of stabilisation powers etc |
In force | 3B. Safeguards relating to directions under section 3A |
| | Chapter 3 Special resolution action (ss. 4-83) |
| | Objectives and code (ss. 4-6) |
In force | ⚠ 4. Special resolution objectives |
In force | 5. Code of practice |
In force | 6. Code of practice: procedure |
| | Mandatory write-down, conversion etc of capital instruments (ss. 6A-6D) |
In force | 6A. Cases where mandatory write-down, conversion, etc applies |
In force | 6B. Mandatory write-down, conversion, etc of capital instruments and liabilities |
In force | 6C. Mandatory reduction instruments: implementation of requirements of section 6B |
In force | 6D. Mandatory reduction instruments: supplementary matters |
| | Valuation before mandatory write-down of capital or stabilisation action (s. 6E) |
In force | 6E. Pre-resolution valuation |
| | Exercise of powers: general (ss. 7-10) |
In force | 7. General conditions |
In force | 7A. Effect on other group members, financial stability in UK etc |
In force | ⚠ 8. Specific Condition: private sector purchaser, bridge bank or asset management vehicle |
In force | 8ZA. Specific conditions: asset management vehicle |
Omitted | 8A. Specific condition: bail-in |
In force | 9. Specific conditions: temporary public ownership |
In force | 10. Banking Liaison Panel |
| | The stabilisation options (ss. 11-13) |
In force | 11. Private sector purchaser |
In force | 11A. Private sector purchaser: marketing |
In force | 12. Bridge bank |
In force | 12ZA. Asset management vehicle |
In force | 12A. Bail-in option |
In force | 12AA. Bail-in: sequence of write-down and conversion of capital instruments and liabilities |
Omitted | 12B. Bail-in administrators |
In force | 13. Temporary public ownership |
| | Transfer of securities (ss. 14-32) |
In force | 14. Interpretation: "securities" |
In force | 15. Share transfer instrument |
In force | 16. Share transfer order |
In force | 17. Effect |
In force | 18. Continuity |
In force | 19. Conversion and delisting |
In force | 20. Directors and senior managers |
In force | 21. Ancillary instruments: production, registration, &c. |
Omitted | 22. Termination rights, &c. |
In force | 23. Incidental provision |
In force | 24. Procedure: instruments |
In force | 25. Procedure: orders |
In force | 26. Supplemental instruments |
In force | 26ZA. Onward share transfer instruments |
In force | 26A. Reverse share transfer instruments |
In force | 27. Supplemental orders |
In force | 28. Onward transfer |
In force | 29. Reverse share transfer orders |
In force | 29A. Interpretation: "resolution company" |
In force | 30. Resolution company: share transfers |
In force | 31. Resolution company: reverse share transfer |
In force | 32. Interpretation: general |
| | Transfer of property (ss. 33-48) |
In force | 33. Property transfer instrument |
In force | 34. Effect |
In force | 35. Transferable property |
In force | 36. Continuity |
In force | 36A. Directors and senior managers |
In force | 37. Licences |
Omitted | 38. Termination rights, &c. |
In force | 39. Foreign property |
In force | 39A. Banks which are clearing houses |
In force | 39B. Property transfer instrument: delisting |
In force | 40. Incidental provision |
In force | 41. Procedure |
In force | 41A. Transfer of property subsequent to resolution instrument |
In force | 42. Supplemental instruments |
In force | 42A. Private sector purchaser: reverse property transfer |
In force | 43. Onward transfer |
In force | 44. Resolution company: reverse property transfer |
In force | 44A. Bail in: reverse property transfer |
In force | 44B. Property transfer instruments: special bail-in provision |
In force | 44BA. Property transfer instruments and special bail-in provision: supplementary matters |
In force | 44C. Report on special bail-in provision |
In force | 44D. Bridge bank: supplemental property transfer powers |
In force | 44E. Bridge bank: supplemental reverse property transfer powers |
In force | 45. Temporary public ownership: property transfer |
In force | 46. Temporary public ownership: reverse property transfer |
In force | 47. Restriction of partial transfers |
In force | 48. Power to protect certain interests |
In force | 48A. Creation of liabilities |
| | Bail-in option (ss. 48B-48W) |
In force | 48B. Special bail-in provision |
In force | 48C. Meaning of "protected deposit" |
In force | 48D. General interpretation of section 48B |
In force | 48E. Report on special bail-in provision |
In force | 48F. Power to amend definition of "excluded liabilities" |
In force | 48G. Priority between creditors |
In force | 48H. Business reorganisation plans |
Omitted | 48I. Bail-in administrator: further functions |
Omitted | 48J. Bail-in administrator: supplementary |
Omitted | 48K. Bail-in administrator: money |
Partly in force | 48L. Powers in relation to securities |
Omitted | 48M. Termination rights, etc |
In force | 48N. Directors and senior managers |
In force | 48O. Directions in or under resolution instrument |
In force | 48P. Orders for safeguarding certain financial arrangements |
In force | 48Q. Continuity |
In force | 48R. Execution and registration of instruments etc |
In force | 48S. Resolution instruments: general matters |
In force | 48T. Procedure |
In force | 48U. Supplemental resolution instruments |
In force | 48V. Onward transfer |
In force | 48W. Reverse transfer |
In force | 48WA. Bail-in option: recovery of expenses |
| | Replacement of provisional valuation (ss. 48X-48Y) |
In force | 48X. Replacement of Bank's provisional valuation |
In force | 48Y. Consequences of a replacement valuation |
| | Termination rights etc (s. 48Z) |
In force | 48Z. Termination rights etc |
| | Compensation (ss. 49-62) |
In force | 49. Orders |
In force | 50. Sale to private sector purchaser |
In force | 51. Transfer to temporary public ownership |
In force | 52. Transfer to resolution company |
In force | 52A. Bail-in option |
In force | 53. Onward and reverse transfers etc |
In force | 54. Independent valuer: compensation scheme order or bail-in compensation order |
In force | 55. Independent valuer: supplemental |
In force | 56. Independent valuer: money |
In force | 57. Valuation principles |
In force | 58. Resolution fund |
In force | 59. Third party compensation: discretionary provision |
In force | 60. Third party compensation: mandatory provision |
In force | 60A. Further mandatory provision: bail-in provision |
In force | 60B. Principle of no less favourable treatment |
In force | 61. Sources of compensation |
In force | 62. Procedure |
| | Independent valuer: valuation under section 6E or 48X (s. 62A) |
In force | 62A. Independent valuer: sections 6E and 48X |
| | Resolution administrator (ss. 62B-62E) |
In force | 62B. Resolution administrator |
In force | 62C. Resolution administrator: further functions |
In force | 62D. Resolution administrator: supplementary |
In force | 62E. Resolution administrator: money |
| | Incidental functions (ss. 63-75) |
In force | 63. General continuity obligation: property transfers |
In force | 64. Special continuity obligations: property transfers |
In force | 65. Continuity obligations: onward property transfers |
In force | 66. General continuity obligation: share transfers |
In force | 67. Special continuity obligations: share transfers |
In force | 68. Continuity obligations: onward share transfers |
In force | 69. Continuity obligations: consideration and terms |
In force | 70. Continuity obligations: termination |
In force | 70A. Suspension of obligations |
In force | 70B. Restriction of security interests |
In force | 70C. Suspension of termination rights |
In force | 70D. Suspension: general provisions |
In force | 71. Pensions |
Omitted | 72. Enforcement |
In force | 73. Disputes |
In force | 74. Tax |
In force | 75. Power to change law |
| | Treasury (ss. 76-81) |
In force | 76. International obligation notice: general |
In force | 77. International obligation notice: resolution company |
In force | 78. Public funds: general |
In force | 78A. Pre-conditions for financial assistance: duty of Bank to give information |
In force | 79. Public funds: resolution company |
In force | 79A. Private sector purchaser: report |
In force | 80. Resolution company: report |
In force | 80A. Transfer for bail-in purposes: report |
In force | 81. Temporary public ownership: report |
In force | 81A. Accounting information to be included in reports under sections 80, 80A(2)(b) and 81 |
| | Groups (ss. 81AA-83) |
In force | 81AA. Cases where mandatory write-down, conversion etc applies: banking group companies |
In force | 81B. Sale to commercial purchaser and transfer to bridge bank |
In force | 81ZZBA. Sale to commercial purchaser and transfer to bridge bank: supplemental powers in relation to certain holding companies |
In force | 81ZZBB. Assessment of conditions for section 81ZZBA |
In force | 81ZBA. Transfer to asset management vehicle |
In force | 81ZBB. Transfer to asset management vehicle: supplemental powers in relation to certain holding companies |
In force | 81ZBC. Assessment of conditions for section 81ZBB |
In force | 81BA. Bail-in option |
In force | 81BB. Bail-in option: supplemental powers in relation to certain holding companies |
In force | 81BC. Assessment of conditions for section 81BB |
In force | 81C. Sections 81AA to 81ZBB: supplemental |
In force | 81CA. Section 81BA and Section 81BB: supplemental |
In force | 81D. Interpretation: "banking group company" &c. |
In force | 82. Temporary public ownership |
In force | 83. Supplemental |
| | Chapter 4 Information, investigation and enforcement (ss. 83ZA-83Z2) |
| | Powers to gather information (ss. 83ZA-83ZB) |
In force | 83ZA. Information |
In force | 83ZB. Reports by skilled persons |
| | Appointment of investigators (ss. 83ZC-83ZE) |
In force | 83ZC. Appointment of persons to carry out general investigations |
In force | 83ZD. Appointment of person to carry out investigations in particular cases |
In force | 83ZE. Investigations etc in support of foreign resolution authorities |
| | Conduct of investigations (ss. 83ZF-83ZI) |
In force | 83ZF. Investigations: general |
In force | 83ZG. Powers of persons appointed under section 83ZC |
In force | 83ZH. Powers of persons appointed as a result of section 83ZD |
In force | 83ZI. Admissibility of statements made to investigators |
| | Information and documents: supplemental provision (ss. 83ZJ-83ZP) |
In force | 83ZJ. Information and documents: supplemental provision |
In force | 83ZK. Protected items |
In force | 83ZL. Entry of premises under warrant |
In force | 83ZM. Retention of documents obtained under section 83ZL |
In force | 83ZN. Offences etc |
In force | 83ZO. Prosecution of offences under section 83ZN |
In force | 83ZP. Offences under section 83ZN by bodies corporate etc |
| | Enforcement of relevant requirements (ss. 83ZQ-83Z1) |
In force | 83ZQ. Injunctions: prevent failure to comply with relevant requirement |
In force | 83ZR. Regulatory sanctions |
In force | 83ZS. Determination of sanctions |
In force | 83ZT. Procedure: warning notice |
In force | 83ZU. Procedure: decision notice |
In force | 83ZV. Procedure: general |
In force | 83ZW. Appeal |
In force | 83ZX. Injunctions: failure to comply with certain section 83ZR sanctions |
In force | 83ZY. Publication |
In force | 83ZZ. Co-operation |
In force | 83Z1. Delegation of enforcement functions |
| | Enforcement of share transfer orders (s. 83Z2) |
In force | 83Z2. Enforcement: share transfer orders |
| | Chapter 5 Special cases (ss. 83A-89G) |
| | Banks not regulated by PRA (s. 83A) |
In force | 83A. Modifications of Part |
| | Building societies, &c. (ss. 84-89) |
In force | 84. Application of Part 1: general |
In force | 84ZA. Bridge bank: share transfer instruments |
In force | 84A. Bail-in option: building societies |
In force | 84B. Further provision: conversion of building society into company. |
In force | 84C. Further provision: transfer of business of building society to company |
In force | 84D. Transfer to a bridge bank or bail-in option: modifications of this Act and other legislation |
In force | 85. Temporary public ownership |
In force | 86. Distribution of assets on dissolution or winding up |
In force | 87. Interpretation |
In force | 88. Consequential provision |
In force | 89. Credit unions |
| | Investment firms (s. 89A) |
In force | 89A. Application to investment firms |
| | Recognised central counterparties (ss. 89B-89G) |
Omitted | 89B. Application to recognised central counterparties |
Omitted | 89C. Recognised central counterparty rules |
Omitted | 89D. Recognised central counterparty membership |
Omitted | 89E. Recognition of transferee company |
Omitted | 89F. Recognised central counterparty compensation orders |
Omitted | 89G. Interpretation: "Recognised central counterparty" &c. |
| | Chapter 6 Third-country resolution actions (ss. 89H-89J) |
| | Third-country resolution actions (ss. 89H-89J) |
In force | 89H. Recognition of third-country resolution actions |
In force | 89I. Effect of recognition of third-country resolution action by Bank of England |
In force | 89J. Third-country instruments: supplementary provision |
| | Chapter 6A Resolution of UK branches of third-country institutions (s. 89JA.) |
In force | 89JA. Resolution of UK branches of third-country institutions |
| | Chapter 7 General provisions (ss. 89K-89M) |
In force | 89K. Insolvency Proceedings |
In force | 89L. Restrictions on disclosure of confidential information |
In force | 89M. Giving of notices, documents etc under Part 1 |
| | Part 2 Bank Insolvency (ss. 90-135) |
| | Introduction (ss. 90-93) |
In force | 90. Overview |
In force | 91. Interpretation: "bank" |
In force | 92. Interpretation: "the court" |
In force | 93. Interpretation: other expressions |
| | Bank insolvency order (ss. 94-98) |
In force | 94. The order |
In force | 95. Application |
In force | 96. Grounds for applying |
In force | 97. Grounds for making |
In force | 98. Commencement |
| | Process of bank liquidation (ss. 99-105) |
In force | 99. Objectives |
In force | 100. Liquidation committee |
In force | 101. Liquidation committee: supplemental |
In force | 102. Objective 1: (a) or (b)? |
In force | 103. General powers, duties and effect |
In force | 104. Additional general powers |
In force | 105. Status of bank liquidator |
| | Tenure of bank liquidator (ss. 106-112) |
In force | 106. Term of appointment |
In force | 107. Resignation |
In force | 108. Removal by court |
In force | 109. Removal by creditors |
In force | 110. Disqualification |
In force | 111. Release |
In force | 112. Replacement |
| | Termination of process, &c. (ss. 113-116) |
In force | 113. Company voluntary arrangement |
In force | 114. Administration |
In force | 115. Dissolution |
In force | 116. Dissolution: supplemental |
| | Other processes (ss. 117-122) |
In force | 117. Bank insolvency as alternative order |
In force | 118. Voluntary winding-up |
In force | 119. Exclusion of other procedures |
In force | 120. Notice to PRA of preliminary steps |
In force | 120A. Notice to the regulators and the Bank of England of preliminary steps |
In force | 121. Disqualification of directors |
In force | 122. Application of insolvency law |
| | Miscellaneous (ss. 123-135) |
In force | 123. Role of FSCS |
In force | 124. Transfer of accounts |
In force | 125. Rules |
In force | 126. Fees |
In force | 127. Insolvency Services Account |
In force | 128. Evidence |
In force | 129. Co-operation between courts |
In force | 129A. Banks not regulated by PRA |
In force | 130. Building societies |
In force | 131. Credit unions |
In force | 132. Partnerships |
In force | 133. Scottish partnerships |
In force | 134. Northern Ireland |
In force | 135. Consequential provision |
| | Part 3 Bank Administration (ss. 136-168) |
| | Introduction (ss. 136-140) |
In force | 136. Overview |
In force | 137. Objectives |
In force | 138. Objective 1: supporting private sector purchaser or resolution company |
In force | 139. Objective 1: duration |
In force | 140. Objective 2: "normal" administration |
| | Process (ss. 141-148) |
In force | 141. Bank administration order |
In force | 142. Application |
In force | 143. Grounds for applying |
In force | 144. Grounds for making |
In force | 145. General powers, duties and effect |
Omitted | 145A. Power to direct bank administrator |
In force | 146. Status of bank administrator |
In force | 147. Administrator's proposals |
In force | 148. Sharing information |
| | Multiple transfers (ss. 149-152A) |
In force | 149. General application of this Part |
In force | 150. Resolution company to private purchaser |
In force | 151. Property transfer from resolution company |
In force | 152. Property transfer from temporary public ownership |
In force | 152A. Property transfer from transferred institution |
| | Termination (ss. 153-154) |
In force | 153. Successful rescue |
In force | 154. Winding -up or voluntary arrangement |
| | Miscellaneous (ss. 155-168) |
In force | 155. Disqualification of directors |
In force | 156. Application of other law |
In force | 157. Other processes |
In force | 157A. Banks not regulated by PRA |
In force | 158. Building societies |
In force | 159. Credit unions |
In force | 159A. Application to investment firms |
In force | 160. Rules |
In force | 161. Fees |
In force | 162. Evidence |
In force | 163. Partnerships |
In force | 164. Scottish partnerships |
In force | 165. Co-operation between courts |
In force | 166. Interpretation: general |
In force | 167. Northern Ireland |
In force | 168. Consequential provision |
| | Part 4 Financial Services Compensation Scheme (ss. 169-180) |
In force | 169. Overview |
Not yet in force | 170. Contingency funding |
Omitted | 171. Special resolution regime |
Not yet in force | 172. Investing in National Loans Fund |
In force | 173. Borrowing from National Loans Fund |
In force | 174. Procedure for claims |
In force | 175. Rights in insolvency |
In force | 176. Information |
In force | 177. Payments in error |
In force | 178. Regulations |
In force | 179. Delegation of functions |
In force | 180. Functions under this Act |
| | Part 5 Payment systems and service providers (ss. 181-206B) |
| | Introduction (ss. 181-183) |
In force | 181. Overview |
In force | 182. Interpretation: "key terms" |
In force | 183. Interpretation: other expressions |
| | Recognised systems and service providers (ss. 184-187) |
In force | 184. Recognition order: payment system |
In force | 184A. Recognition order: DSA service provider |
In force | 185. Recognition criteria: payment system |
In force | 185A. Recognition criteria: DSA service provider |
In force | 186. Procedure |
In force | 186A. Amendment of recognition order |
In force | 187. De-recognition |
| | Regulation (ss. 188-192A) |
In force | 188. Principles |
In force | 189. Codes of practice |
In force | 190. System rules |
In force | 190A. Service provider rules |
In force | 191. Directions |
In force | 192. Role of FCA and PRA |
In force | 192A. Power of Bank to require FCA to refrain from specified action |
| | Enforcement (ss. 193-202A) |
In force | 193. Inspection |
In force | 194. Inspection: warrant |
In force | 195. Independent report |
In force | 196. Compliance failure |
In force | 197. Publication |
In force | 198. Penalty |
In force | 199. Closure |
In force | 200. Management disqualification |
In force | 201. Warning |
In force | 202. Appeal |
In force | 202A. Injunctions |
| | Miscellaneous (ss. 203-206B) |
In force | 203. Fees |
In force | 203A. Records |
In force | 203B. Annual report |
In force | 203C. Policy statement |
In force | 204. Information |
In force | 205. Pretending to be recognised |
In force | 206. Saving for informal oversight |
In force | 206A. Service providers |
In force | 206AA. Service providers connected with a recognised payment system that uses digital settlement assets |
In force | 206B. International obligations |
| | Part 5A Wholesale cash distribution (ss. 206C-206Z6) |
| | Introduction (ss. 206C-206F) |
In force | 206C. Overview and purpose |
In force | 206D. Policy statement |
In force | 206E. Interpretation: "wholesale cash distribution" |
In force | 206F. Interpretation: other terms |
| | Recognised persons (ss. 206G-206N) |
In force | 206G. Wholesale cash oversight orders |
In force | 206H. "Market significance" and "systemic significance" |
In force | 206I. Procedure |
In force | 206J. Amendment or revocation of a wholesale cash oversight order |
In force | 206K. Principles |
In force | 206L. Codes of practice |
In force | 206M. Directions |
In force | 206N. Role of the FCA, PRA and Payment Systems Regulator |
| | Enforcement (ss. 206O-206Y) |
In force | 206O. Inspection |
In force | 206P. Inspection: warrant |
In force | 206Q. Independent report |
In force | 206R. Compliance failure |
In force | 206S. Publication |
In force | 206T. Penalty |
In force | 206U. Closure |
In force | 206V. Management disqualification |
In force | 206W. Warning |
In force | 206X. Appeal |
In force | 206Y. Injunctions |
| | Miscellaneous (ss. 206Z-206Z5) |
In force | 206Z. Fees |
In force | 206Z1. Records |
In force | 206Z2. Annual report |
In force | 206Z3. Requirement to provide information |
In force | 206Z4. Disclosure of information |
In force | 206Z5. Saving for informal oversight |
| | Companies wholly owned by the Crown (s. 206Z6) |
In force | 206Z6. Power to disapply regulation and enforcement provisions |
| | Part 6 Banknotes: Scotland and Northern Ireland (ss. 207-227) |
| | Introduction (s. 207) |
In force | 207. Overview |
| | Key terms (ss. 208-211) |
In force | 208. "Banknote" |
In force | 209. "Issue" |
In force | 210. "Authorised bank" |
In force | 211. "Commencement" |
| | Authorisation to issue (ss. 212-214) |
In force | 212. Repeal of old authorising enactments |
In force | 213. Authorisation to issue banknotes |
In force | 214. Consequential repeals and amendments |
In force | 214A. Power to designate banks as "authorised banks" |
| | Regulations and rules (ss. 215-216) |
In force | 215. Banknote regulations |
In force | 216. Banknote rules |
| | Specific issues (ss. 217-220) |
In force | 217. Backing assets |
In force | 218. Information |
In force | 219. Ceasing the business of issuing notes |
In force | 220. Insolvency, &c. |
| | Enforcement (ss. 221-224) |
In force | 221. Offence: unlawful issue |
In force | 222. Financial penalty |
In force | 223. Termination of right to issue |
In force | 224. Application to court |
| | Bank of England (ss. 225-227) |
In force | 225. Organisation |
In force | 226. Discretionary functions |
In force | 227. Exemption |
| | Part 7 Miscellaneous (ss. 228-256A) |
| | Treasury support for banks (ss. 228-231) |
In force | 228. Consolidated Fund |
In force | 229. National Loans Fund |
In force | 230. "Financial institution" |
In force | 231. Reports |
| | Investment banks (ss. 232-236) |
In force | 232. Definition |
In force | 233. Insolvency regulations |
In force | 234. Regulations: details |
In force | 235. Regulations: procedure |
In force | 236. Review |
| | Banking (Special Provisions) Act 2008 (s. 237) |
In force | 237. Compensation: valuer |
| | Bank of England (ss. 238-247) |
In force | 238. UK financial stability |
In force | 239. Number of directors |
In force | 240. Meetings |
In force | 241. Chair of court |
In force | 242. Quorum |
In force | 243. Tenure |
In force | 244. Immunity |
In force | 245. Weekly return |
In force | 246. Information |
In force | 247. Bank of England Act 1946 |
| | Financial Services Authority (ss. 248-250) |
Omitted | 248. Variation of permission |
In force | 249. Functions |
In force | 250. Information |
| | Central banks (ss. 251-253) |
In force | 251. Financial assistance to building societies |
In force | 252. Registration of charges |
In force | 253. Registration of charges: Scotland |
| | Funds attached rule (Scotland) (s. 254) |
In force | 254. Abolition for cheques |
| | Financial collateral arrangements (ss. 255-256) |
In force | 255. Regulations |
Omitted | 256. Supplemental |
| | State aid (s. 256A) |
Omitted | 256A. State aid |
| | Part 8 General (ss. 256B-265) |
In force | 256B. "Bank of England" and "Prudential Regulation Authority" |
In force | 257. "Financial assistance" |
In force | 258. "Enactment" |
In force | 258A. Investment firm |
In force | 259. Statutory instruments |
In force | 260. Money |
In force | 261. Index of defined terms |
In force | 262. Repeal |
In force | 263. Commencement |
In force | 264. Extent |
In force | 265. Short title |
| | Explanatory Notes |
