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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 18 December 2014

Bank Recovery and Resolution (No. 2) Order 2014 [SI 2014 No. 3348]

To be revoked by s. 1 and Sch. 1 Pt 2 to the Financial Services and Markets Act 2023 (c. 29) (FSMA 2023), Sch. 1 Pt 2 not yet fully commenced.

Comparing proposed amendment...
Introductory Text
Part 1 Introductory provisions (arts. 1-3)
In force
Article 1 Citation and commencement
In force
Article 2 Interpretation
In force
Article 3 Application of Order
Part 2 Designation of authorities and competent ministry (arts. 4-6)
Omitted
Article 4 Designation of the Bank as resolution authority
Omitted
Article 5 Designation for the purposes of Article 59 of the recovery and resolution directive
Omitted
Article 6 Designation of the Treasury as the ministry responsible for exercising the functions of the competent ministry
Part 3 Recovery and resolution planning (arts. 7-10)
In force
Article 7 Recovery planning: preparatory steps and simplified obligations
In force
Article 8 Resolution planning: preparatory steps and simplified obligations
In force
Article 9 Consultation with the Financial Policy Committee
Omitted
Article 10 Provision of information to EBA
Part 4 Recovery plans (arts. 11-35)
Chapter 1 Assessment of recovery plan drawn up by an institution (arts. 11-15)
In force
Article 11 Application and interpretation of Chapter 1
In force
Article 12 Assessment of plan
In force
Article 13 Criteria for assessment
In force
Article 14 Revision of plan
In force
Article 15 Business changes and relevant measures
Chapter 2 Assessment of group recovery plan where the PRA or FCA is the consolidating supervisor (arts. 16-26)
In force
Article 16 Application and interpretation of Chapter 2
In force
Article 17 Duty to transmit a copy of group recovery plan
In force
Article 18 Assessment of group recovery plan
In force
Article 19 Purpose of assessment
In force
Article 20 Timing of assessment of plan
Omitted
Article 21 Joint assessment of plan
In force
Article 22 Revision of plan
In force
Article 23 Business changes and relevant measures
In force
Article 24 Recovery plan for group institution
Omitted
Article 25 References to EBA
Omitted
Article 26 Requesting the assistance of EBA
Chapter 3 Assessment of group recovery plan where neither the PRA nor the FCA is the consolidating supervisor (arts. 27-32)
Omitted
Article 27 Application and interpretation of Chapter 3
Omitted
Article 28 Purpose of assessment
Omitted
Article 29 Joint assessment of plan
Omitted
Article 30 Assessment of recovery plans drawn up on an individual basis
Omitted
Article 31 References to EBA
Omitted
Article 32 Requesting the assistance of EBA
Chapter 4 Review of recovery plans and group recovery plans (arts. 33-35)
In force
Article 33 Review of recovery plan
In force
Article 34 Review of group recovery plan assessed under Chapter 2
Omitted
Article 35 Review of group recovery plan assessed under Chapter 3
Part 5 Resolution plans (arts. 36-58)
Chapter 1 Resolution plans for institutions (arts. 36-38)
In force
Article 36 Interpretation of Chapter 1
In force
Article 37 The Bank's duty to draw up resolution plans
In force
Article 38 Duty to transmit a copy of the resolution plan
Chapter 2 Group resolution plan where the PRA or FCA is the consolidating supervisor (arts. 39-45)
In force
Article 39 Application of Chapter 2
In force
Article 40 The Bank's duty to draw up group resolution plans
In force
Article 41 Information to be transmitted for the purpose of drawing up group resolution plans
Omitted
Article 42 Joint decision on adoption of group resolution plan
Omitted
Article 43 References to EBA
Omitted
Article 44 Requesting the assistance of EBA
In force
Article 45 Duty to transmit a copy of the group resolution plan
Chapter 3 Group resolution plan where neither the PRA nor the FCA is the consolidating supervisor (arts. 46-52)
Omitted
Article 46 Application and interpretation of Chapter 3
Omitted
Article 47 Joint decision on adoption of group resolution plan
Omitted
Article 48 Failure to reach joint decision: disagreement by the Bank with a joint proposal
Omitted
Article 49 Failure to reach joint decision: agreement by the Bank with a joint proposal
Omitted
Article 50 Resolution plan for group entity
Omitted
Article 51 References to EBA
Omitted
Article 52 Requesting the assistance of EBA
Chapter 4 Review of resolution plans and group resolution plans (arts. 53-55)
In force
Article 53 Review of resolution plan
In force
Article 54 Review of group resolution plan drawn up by the Bank
Omitted
Article 55 Review of group resolution plan drawn up by another resolution authority
Chapter 5 Information and records for resolution planning (arts. 56-58)
In force
Article 56 Information required for resolution planning
In force
Article 57 Notice of matters which could necessitate an amendment of a plan
In force
Article 58 Records of financial contracts
Part 6 Assessment of resolvability and removal of impediments to resolvability (arts. 59-82)
Chapter 1 Assessment of resolvability of institutions (arts. 59-60)
In force
Article 59 Application and interpretation of Chapter 1
In force
Article 60 Assessment of resolvability
Chapter 2 Assessment of resolvability of groups (arts. 61-63)
In force
Article 61 Application and interpretation of Chapter 2
In force
Article 62 Assessment of group resolvability where the PRA or FCA is the consolidating supervisor
Omitted
Article 63 Assessment of group resolvability where neither the PRA nor the FCA is the consolidating supervisor
Chapter 3 Removal of impediments to resolvability of institutions (arts. 64-67)
In force
Article 64 Application and interpretation of Chapter 3
In force
Article 65 Notice of determination
In force
Article 66 Effect of notice of determination
In force
Article 67 Right of appeal
Chapter 4 Removal of impediments to resolvability of group entities where the PRA or FCA is the consolidating supervisor (arts. 68-74)
In force
Article 68 Application and interpretation of Chapter 4
In force
Article 69 Report on substantive impediments to the resolvability of group entities
In force
Article 70 Suspension of requirement to draw up or review group resolution plan
In force
Article 71 Determining remedial measures
Omitted
Article 72 Joint decision on impediments to group resolvability and remedial measures
Omitted
Article 73 References to EBA
Omitted
Article 74 Requesting the assistance of EBA
Chapter 5 Removal of impediments to resolvability of groups where neither the PRA nor the FCA is the consolidating supervisor (arts. 75-82)
Omitted
Article 75 Application and interpretation of Chapter 5
In force
Article 75A Report on substantive impediments to the resolvability of group entities
Omitted
Article 76 Suspension of requirement to draw up or review group resolution plan
Omitted
Article 77 Determining remedial measures
Omitted
Article 78 Joint decision on impediments to group resolvability and remedial measures
Omitted
Article 79 Failure to reach joint decision: disagreement by the Bank with joint proposals
Omitted
Article 80 Failure to reach joint decision: agreement by the Bank with joint proposals
Omitted
Article 81 References to EBA
Omitted
Article 82 Requesting the assistance of EBA
Part 7 Intra-group financial support (arts. 83-106)
Chapter 1 Authorisation of agreement for group financial support where the PRA or FCA is the consolidating supervisor (arts. 83-90)
In force
Article 83 Application and interpretation of Chapter 1
In force
Article 84 Review of group financial support agreement and decision on authorisation
In force
Article 85 Duty to transmit a copy of application
Omitted
Article 86 Joint decision with other competent authorities
Omitted
Article 87 References to EBA
Omitted
Article 88 Requesting the assistance of EBA
In force
Article 89 Duty to transmit a copy of authorised agreement
In force
Article 90 Amendment of authorised agreement
Chapter 2 Authorisation of agreement for group financial support where neither the PRA nor the FCA is the consolidating supervisor (arts. 91-96)
Omitted
Article 91 Application and interpretation of Chapter 2
Omitted
Article 92 Review of group financial support agreement and decision on authorisation
Omitted
Article 93 Joint decision with other competent authorities
Omitted
Article 94 References to EBA
Omitted
Article 95 Requesting the assistance of EBA
Omitted
Article 96 Amendment of authorised agreement
Chapter 3 Approval of authorised agreements by the members of a UK group entity (arts. 97-100)
In force
Article 97 Interpretation of Chapter 3
In force
Article 98 Requirement for approval of authorised agreement
In force
Article 98A Publication of information concerning group financial support agreements
In force
Article 99 Revocation of authorised agreement
In force
Article 100 Obligation to provide annual report
Chapter 4 Provision of group financial support (arts. 101-106)
In force
Article 101 Interpretation of Chapter 4
In force
Article 102 Relevant notice from UK group entity: decision by the PRA or FCA
In force
Article 103 Duties of consolidating supervisor where financial support agreed, prohibited or restricted
Omitted
Article 104 Re-assessment of recovery plans by the PRA or FCA where it is not the consolidating supervisor
Omitted
Article 105 Requesting the assistance of EBA
In force
Article 106 Reciprocal support
Part 8 Early intervention (arts. 107-120)
Chapter 1 Early intervention with respect to an institution (arts. 107-109)
In force
Article 107 Interpretation of Chapter 1
In force
Article 108 Notice that institution meets the conditions for early intervention
In force
Article 109 Deadline for compliance with measure for early intervention
Chapter 2 Early intervention with respect to groups where the PRA or FCA is the consolidating supervisor (arts. 110-115)
In force
Article 110 Application and interpretation of Chapter 2
In force
Article 111 Procedure for early intervention in respect of a UK group entity
Omitted
Article 112 Procedure for early intervention in respect of a non-UK group entity
Omitted
Article 113 Joint decisions about early intervention
Omitted
Article 114 References to EBA
Omitted
Article 115 Requesting the assistance of EBA
Chapter 3 Early intervention with respect to groups where neither the PRA nor the FCA is the consolidating supervisor (arts. 116-120)
Omitted
Article 116 Application and interpretation of Chapter 3
Omitted
Article 117 Procedure for early intervention in respect of a UK group entity
Omitted
Article 118 Joint decisions about early intervention
Omitted
Article 119 References to EBA
Omitted
Article 120 Requesting the assistance of EBA
Part 9 Minimum requirement for own funds and eligible liabilities (arts. 121-148)
Chapter 1 Determination of minimum requirement for an institution (arts. 121-124)
In force
Article 121 Interpretation of Chapter 1
In force
Article 122 Duties of the Bank in relation to minimum requirement
In force
Article 123 Determination of minimum requirement
In force
Article 124 Review of minimum requirement
Chapter 2 Determination of minimum consolidated requirement where the PRA or FCA is the consolidating supervisor (arts. 125-129)
In force
Article 125 Application and interpretation of Chapter 2
In force
Article 126 Determination of minimum consolidated requirement
Omitted
Article 127 Joint determination
Omitted
Article 128 References to EBA: determination of minimum consolidated requirement
In force
Article 129 Review of minimum consolidated requirement
Chapter 3 Determination of minimum consolidated requirement where neither the PRA nor the FCA is the consolidating supervisor (arts. 130-132)
Omitted
Article 130 Application and interpretation of Chapter 3
Omitted
Article 131 Joint determination of minimum consolidated requirement
Omitted
Article 132 Review of minimum consolidated requirement
Chapter 4 Determination of minimum requirements for group institutions where the PRA or FCA is the consolidating supervisor (arts. 133-139)
In force
Article 133 Application and interpretation of Chapter 4
In force
Article 134 Duties of the Bank in relation to minimum requirement
In force
Article 135 Determination of minimum requirement
Omitted
Article 136 Joint determination of minimum requirements
Omitted
Article 137 References to EBA: determination of minimum requirement
In force
Article 138 Review of minimum requirements
In force
Article 139 Minimum requirement for other group entities set up in the United Kingdom
Chapter 5 Determination of minimum requirements for group institutions where neither the PRA nor the FCA is the consolidating supervisor (arts. 140-146)
Omitted
Article 140 Application and interpretation of Chapter 5
Omitted
Article 141 Duties of the Bank in relation to minimum requirement
Omitted
Article 142 Determination of minimum requirement
Omitted
Article 143 Joint determination of minimum requirements
Omitted
Article 144 References to EBA: determination of minimum requirement
Omitted
Article 145 Review of minimum requirements
Omitted
Article 146 Minimum requirement for other group entities set up in the United Kingdom
Chapter 6 Minimum requirement for own funds and eligible liabilities: other provisions (arts. 147-148)
In force
Article 147 Waiver of application of Chapter 4
In force
Article 148 Meeting minimum requirement through contractual bail-in instruments etc
Part 10 Requirement to write down or convert capital instruments (arts. 149-153)
In force
Article 149 Application and interpretation of Part
In force
Article 150 Determinations under section 6A and 81AA of the Banking Act 2009: preliminary steps for UK group entities
In force
Article 151 Regulator to take alternative measures
In force
Article 152 Determination that Case 2, 3, 4 or 5 is satisfied
Omitted
Article 153 Joint determination under Article 59(3)(c) of the recovery and resolution directive in relation to a non-UK group entity
Part 11 Removal of procedural impediments to application of bail-in tool (arts. 154-156)
In force
Article 154 Interpretation of Part
In force
Article 155 Requirement to increase or remove limit on share capital
In force
Article 156 Removal of impediments to the conversion of liabilities into shares
Part 11A Contractual recognition of bail-in (art. 156A)
In force
Article 156A Contractual recognition of bail-in: technical standards
Part 12 Treatment of derivative contracts where bail-in option is applied (arts. 157-158)
In force
Article 157 Application and interpretation of Part
In force
Article 158 Liabilities arising from derivative contracts
Part 13 Preparation of business reorganisation plans after application of bail-in tool (arts. 159-180)
Chapter 1 Assessment of business reorganisation plan drawn up by an institution (arts. 159-162)
In force
Article 159 Application and interpretation of Chapter 1
In force
Article 160 Assessment of business reorganisation plan
In force
Article 161 Purpose of assessment
In force
Article 162 Revision of plan
Chapter 2 Assessment of business reorganisation plan drawn up by a single group entity (arts. 163-164)
In force
Article 163 Application and interpretation of Chapter 2
In force
Article 164 Assessment etc of business reorganisation plan
Chapter 3 Assessment of business reorganisation plan drawn up for relevant group where the PRA or FCA is the consolidating supervisor (arts. 165-174)
In force
Article 165 Application and interpretation of Chapter 3
Omitted
Article 166 Duty to transmit a copy of business reorganisation plan
In force
Article 167 Assessment of business reorganisation plan
In force
Article 168 Purpose of assessment
In force
Article 169 Assessment of plan where every group entity is set up in the United Kingdom
Omitted
Article 170 Joint assessment of plan
In force
Article 171 Revision of plan
In force
Article 172 Assessment of business reorganisation plans drawn up on an individual basis
Omitted
Article 173 References to EBA
Omitted
Article 174 Requesting the assistance of EBA
Chapter 4 Assessment of business reorganisation plan drawn up for relevant group where neither the PRA nor the FCA is the consolidating supervisor (arts. 175-180)
Omitted
Article 175 Application and interpretation of Chapter 4
Omitted
Article 176 Purpose of assessment
Omitted
Article 177 Joint assessment of plan
Omitted
Article 178 Assessment of business reorganisation plans drawn up on an individual basis
Omitted
Article 179 References to EBA
Omitted
Article 180 Requesting the assistance of EBA
Part 14 Procedural obligations where an undertaking is failing or likely to fail (arts. 181-184A)
In force
Article 181 Interpretation of Part
In force
Article 182 Matters to be notified by the regulator to the Bank
In force
Article 183 Notification that an undertaking is failing or likely to fail
In force
Article 184 Duty to send copy of share transfer instrument etc to members and creditors of institution
In force
Article 184A Notifications under articles 182, 183 and 184
Part 15 Applications to the court in relation to resolution action (arts. 185-186)
In force
Article 185 Stay of legal proceedings
In force
Article 186 Remedies on judicial review
Part 16 Cross-border group resolution (arts. 187-215)
Chapter 1 General provisions (arts. 187-189)
Omitted
Article 187 Principles for reaching decisions which may have an impact in two or more EEA States
Omitted
Article 188 Information exchange
Omitted
Article 189 Requirements for group resolution schemes
Chapter 2 Resolution colleges (arts. 190-194)
Omitted
Article 190 Application of Chapter 2
Omitted
Article 191 Duty to establish a resolution college
Omitted
Article 192 Membership of resolution college
Omitted
Article 193 Functioning of resolution college
Omitted
Article 194 Use of an existing resolution college
Chapter 3 European resolution colleges (arts. 195-198)
Omitted
Article 195 Application of Chapter 3
Omitted
Article 196 Establishment and functioning of a European resolution college
Omitted
Article 197 Recognition of third-country resolution action
Omitted
Article 198 Use of an existing resolution college
Chapter 4 Group resolution involving a group subsidiary where the PRA or FCA is the consolidating supervisor (arts. 199-202)
Omitted
Article 199 Application and interpretation of Chapter 4
Omitted
Article 200 Assessment of impact of notified measures
Omitted
Article 201 Joint decision on adoption of group resolution scheme
Omitted
Article 202 Requesting the assistance of EBA
Chapter 5 Group resolution involving a group subsidiary where neither the PRA nor the FCA is the consolidating supervisor (arts. 203-207)
Omitted
Article 203 Application Chapter 5
Omitted
Article 204 Bank decision that group subsidiary meets the conditions for resolution
Omitted
Article 205 Joint decision on adoption of group resolution scheme
Omitted
Article 206 Failure to reach joint decision: disagreement by the Bank with joint proposals
Omitted
Article 207 Requesting the assistance of EBA
Chapter 6 Group resolution where EEA parent undertaking is set up in the United Kingdom (arts. 208-211)
Omitted
Article 208 Application and interpretation of Chapter 6
Omitted
Article 209 Bank decision that EEA parent undertaking meets the conditions for resolution
Omitted
Article 210 Joint decision on adoption of group resolution scheme
Omitted
Article 211 Requesting the assistance of EBA
Chapter 7 Group resolution where EEA parent undertaking is set up in another EEA State (arts. 212-215)
Omitted
Article 212 Application of Chapter 7
Omitted
Article 213 Joint decision on adoption of group resolution scheme
Omitted
Article 214 Failure to reach joint decision: disagreement by the Bank with joint proposals
Omitted
Article 215 Requesting the assistance of EBA
Part 17 Modified application of company law to banks etc in resolution (arts. 216-220A)
In force
Article 216 Interpretation of Part
In force
Article 217 Shadow directorship
Omitted
Article 218 Modified application of legislation on cross-border mergers
In force
Article 219 Modified application of the Companies Act 2006 (disapplication of Takeover Rules)
In force
Article 220 Modified application of the Companies Act 2006 (disapplication of other requirements)
In force
Article 220A Modified application of the Companies Act 2006 (shareholders' rights)
Part 18 Treasury support for investment firms (art. 221)
In force
Article 221 Investment firms to be treated as financial institutions
Part 19 Miscellaneous provisions (arts. 222-225)
Omitted
Article 222 Continuity
In force
Article 223 Duty to co-operate
Omitted
Article 224 Non-binding co-operation arrangements in line with EBA framework arrangements
Omitted
Article 225 Duty to inform EBA of imposition of penalties
Part 20 Amendments (art. 226)
In force
Article 226 Amendments of primary and secondary legislation
Part 21 Review (art. 227)
Revoked
Article 227 Review
In force
Schedule A1 Information to be contained in a recovery plan or group recovery plan
In force
Schedule 1 Information to be contained in a resolution plan
In force
Schedule 2 Information to be contained in a group resolution plan
In force
Schedule 2A Additional information which may be required for the purposes of a resolution plan or group resolution plan
In force
Schedule 2B Matters that the Bank is to consider when assessing resolvability
Schedule 3 Amendments
In force
Schedule 3, Part 1 Amendments of FSMA (paras. 1-5)
In force
Schedule 3, Part 2 Amendments of other primary legislation (para. 6)
In force
Schedule 3, Part 3 Amendments of secondary legislation (paras. 7-13)
Schedule 4 Modified application of the Companies Act 2006 to banks etc in resolution
In force
Schedule 4, Part 1 Provisions concerning the exercise of certain rights of shareholders in listed companies (paras. 1-23)
In force
Schedule 4, Part 2 Provisions concerning mergers and divisions of public limited liability companies (para. 24)
In force
Schedule 4, Part 3 Provisions concerning the maintenance and alteration of a company's share capital (paras. 25-36)
Signature
Explanatory Note
Explanatory Memorandum
Transposition Note