The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018
S.I. 2018/1394 · Made 20 December 2018 · Extends to United Kingdom
Exiting The European Union
Financial Services
Made 20th December 2018
Coming into force in accordance with regulation 1
M1M2The Treasury are designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to financial services.
M3The Treasury make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .
A draft of these Regulations has been approved by a resolution of each House of Parliament in accordance with paragraph 2A(3)(a) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018.C1
Annotations to the whole text
Marginal citations
- M1
- M2
1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 c.7. By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under section 2(2) of the European Communities Act 1972 to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1993 (Cm 2073) and the Protocol adjusting the Agreement signed in Brussels on 17th March 1993 (Cm 2183). The European Communities Act 1972 is repealed with effect from exit day by section 1 of the European Union (Withdrawal) Act 2018.
- M3
Modifications
- C1
Regulations: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)
Contents
- 1Citation and commencement
- 2Amendments of the Banking Act 2009
- 3Amendments of other primary legislation
- 4Amendments of the Bank Recovery and Resolution (No.2) Order 2014
- 5Amendments of other secondary legislation
- 6Revocation and amendments of retained direct EU legislation
- 7Regulation 7
- 8Transitional provisions: pre-exit EEA resolution action
- Signature
- Schedule 1: Amendments of the Banking Act 2009
- 1Introduction
- 2Special resolution regime: introduction
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Objectives and Code
- 8Mandatory write-down, conversion etc of capital instruments
- 9Paragraph 9
- 10Paragraph 10
- 11Valuation before mandatory write-down of capital or stabilisation action
- 12Exercise of powers: general
- 13Paragraph 13
- 14Paragraph 14
- 15The stabilisation options
- 16Paragraph 16
- 17Transfer of securities
- 18Transfer of property
- 19Bail-in option
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Termination rights etc
- 24Independent valuer: valuation under section 6E or 48X
- 25Incidental functions
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Groups
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Appointment of investigators
- 36Paragraph 36
- 37Enforcement of relevant requirements
- 38Paragraph 38
- 39Special cases
- 40Paragraph 40
- 41Third-country resolution actions
- 42Paragraph 42
- 43Resolution of UK branches of third-country institutions
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50General provisions
- 51Bank Insolvency
- 52Payment Systems
- 53Miscellaneous provisions
- 54General
- 55Paragraph 55
- 56Paragraph 56
- Schedule 2: Amendments of other primary legislation
- 1Amendments of the Insolvency Act 1986
- 2Paragraph 2
- 3Paragraph 3
- 4Amendments of the Financial Services (Banking Reform) Act 2013
- Schedule 3: Amendments of the Bank Recovery and Resolution (No.2) Order 2014
- 1Introductory provisions
- 2Paragraph 2
- 3Designation of authorities and competent ministry
- 4Recovery and resolution planning
- 5Paragraph 5
- 6Paragraph 6
- 7Assessment of recovery plan drawn up by an institution
- 8Paragraph 8
- 9Paragraph 9
- 10Assessment of group recovery plan
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Assessment of group recovery plan where neither the PRA nor the FCA is the consolidating supervisor
- 20Review of recovery plans and group recovery plans
- 21Paragraph 21
- 22Paragraph 22
- 23Resolution plans for institutions
- 24Paragraph 24
- 25Group resolution plan
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Group resolution plan where neither the PRA nor the FCA is the consolidating supervisor
- 30Review of resolution plans and group resolution plans
- 31Paragraph 31
- 32Paragraph 32
- 33Information and records for resolution planning
- 34Assessment of resolvability of institutions
- 35Paragraph 35
- 36Assessment of resolvability of groups
- 37Paragraph 37
- 38Paragraph 38
- 39Removal of impediments to resolvability of institutions
- 40Paragraph 40
- 41Removal of impediments to resolvability of group entities where the PRA or FCA is the consolidating supervisor
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Removal of impediments to resolvability of groups where neither the PRA nor the FCA is the consolidating supervisor
- 47Authorisation of agreement for group financial support
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Authorisation of agreement for group financial support where neither the PRA nor the FCA is the consolidating supervisor
- 54Approval of authorised agreements by the members of a UK group entity
- 55Paragraph 55
- 56Provision of group financial support
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Early intervention with respect to an institution
- 61Paragraph 61
- 62Early intervention with respect to groups where the PRA or FCA is the consolidating supervisor
- 63Paragraph 63
- 64Paragraph 64
- 65Early intervention with respect to groups where neither the PRA nor the FCA is the consolidating supervisor
- 66Minimum requirement for own funds and eligible liabilities: determination of minimum requirement for an institution
- 67Paragraph 67
- 68Paragraph 68
- 69Determination of minimum consolidated requirement where the PRA or FCA is the consolidating supervisor
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Determination of minimum consolidated requirement where neither the PRA nor the FCA is the consolidating supervisor
- 74Determination of minimum requirements for group institutions where the PRA or FCA is the consolidating supervisor
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Determination of minimum requirements for group institutions where neither the PRA nor the FCA is the consolidating supervisor
- 81Minimum requirement for own funds and eligible liabilities: other provisions
- 82Paragraph 82
- 83Requirement to write down or convert capital instruments
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Removal of procedural impediments to application of bail-in tool
- 88Paragraph 88
- 89Paragraph 89
- 90Treatment of derivative contracts where bail-in option is applied
- 91Preparation of business reorganisation plans after application of bail-in tool: assessment of plan drawn up by an institution
- 92Paragraph 92
- 93Assessment of business organisation plan drawn up by a single group entity
- 94Paragraph 94
- 95Assessment of business organisation plan drawn up for relevant group where the PRA or FCA is the consolidating supervisor
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Assessment of business reorganisation plan drawn up for relevant group where neither the PRA nor the FCA is the consolidating supervisor
- 103Procedural obligations where an undertaking is failing or likely to fail
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Cross-border group resolution
- 108Modified application of company law to banks etc in resolution
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Miscellaneous provisions
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Requirements concerning recovery plans
- 117Information to be contained in a resolution plan
- 118Information to be contained in a group resolution plan
- 119Additional information for purposes of a resolution plan and matters the Bank is to consider when assessing resolvability
- Schedule 4: Amendments of other secondary legislation
- 1The Banking Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) Regulations 2009
- 2The Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009
- 3The Banking Act 2009 (Restriction of Partial Property Transfers) (Recognised Central Counterparties) Order 2014
- 4The Banking Act 2009 (Banking Group Companies) Order 2014
- 5The Bank Recovery and Resolution Order 2014
- 6The Banking Act 2009 (Mandatory Compensation Arrangements Following Bail-in) Regulations 2014
- 7The Banking Act 2009 (Restriction of Special Bail-in Provision, etc.) Order 2014
- 8The Building Societies (Bail-in) Order 2014
- 9The Bank Recovery and Resolution Order 2016
- Schedule 5: Amendments of Retained Direct EU legislation
- 1Amendment of Commission Delegated Regulation (EU) 2016/778
- 2Amendment of Commission Delegated Regulation (EU) 2016/860
- Explanatory note