Regulation 13 Amendment of FSMA
(1) FSMA is amended as follows.
(2) In section 55Z2 (notification of EBA) [Section 55Z2 was inserted by the Financial Services Act 2012, section 11(2). Subsection (1) was amended by S.I. 2013/3115.] after subsection (1) insert -
"(1A) A notification given in accordance with paragraph (a) or (c) of subsection (1) must contain a statement to the effect that the compensation scheme makes provision for cases where the credit institution concerned is unable, or likely to be unable, to satisfy claims against it.".
(3) In section 215 (rights of the scheme in insolvency), after subsection (2) insert -
"(2A) Any payment made by the scheme manager under section 214B(2) [Section 214B was inserted by the Banking Act 2009 (c. 1), section 171(1). It was substituted for the section as originally enacted, together with sections 214C and 214D, by the Financial Services Act 2010 (c. 28), section 16(1).] in connection with the exercise of a stabilisation power in respect of a bank, building society or credit union is to be treated as a debt due to the scheme manager from that bank, building society or (as the case may be) credit union.
(2B) In subsection (2) -