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| 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 |