Article 125 Application and interpretation of Chapter 2
United Kingdom
This Chapter applies where the PRA or FCA is the consolidating supervisor in relation to a relevant group.
In this Chapter—
F1...
“group entity” includes an undertaking which is—
- (a)
a parent undertaking of the F2UK parent undertaking; and
- (b)
a mixed activity holding company which has at least one subsidiary which—
- (i)
is an institution; and
- (ii)
is not a subsidiary of a financial holding company which is also a subsidiary of the mixed activity holding company;
- (i)
- (a)
“group institution” means—
- (a)
the F3UK parent undertaking, if it is a relevant institution;
- (b)
a group subsidiary which is a relevant institution;
- (c)
- (d)
- (a)
“minimum consolidated requirement” means the requirement for a minimum level of own funds and eligible liabilities of the group institutions F7, including any transitional minimum consolidated requirement of the group institutions in accordance with article 126(2C) F8...;
“minimum requirement”, in relation to a group institution, means a minimum requirement for own funds and eligible liabilities F9, including any transitional minimum requirement in accordance with article 135(2C) F10...; and
“netting arrangement”—
- (a)
in relation to an institution authorised by the PRA or FCA, means a title transfer collateral arrangement, set-off arrangement or netting arrangement (within the meaning given by section 48(1)(b), (c) and (d) of the Banking Act 2009);
- (b)
F11...
- (a)
“Relevant institution”, in the definition of “group institution”, means an institution which—
if authorised by the PRA or FCA, is not a mortgage credit institution within the meaning given in Chapter 1; and
if set up in a country other than the United Kingdom, does not meet criteria which are equivalent in that country to the criteria set out in article 121(2).
Annotations
Textual amendments
- F1
Words in art. 125(2) omitted (31.12.2020) by virtue of The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 3 para. 69(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Word in art. 125(2) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 3 para. 69(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in art. 125(2) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 3 para. 69(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in art. 125(2) omitted (31.12.2020) by virtue of The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 3 para. 69(2)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in art. 125(2) omitted (31.12.2020) by virtue of The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 3 para. 69(2)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in art. 125(2) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 3 para. 69(2)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in art. 125(2) inserted (1.1.2026) by The Bank Recovery and Resolution (Amendment) Regulations 2025 (S.I. 2025/862), regs. 1(2), 2(4)(a)
- F8
Words in art. 125(2) omitted (28.12.2020) by virtue of The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(2), 47(a)
- F9
Words in art. 125(2) inserted (1.1.2026) by The Bank Recovery and Resolution (Amendment) Regulations 2025 (S.I. 2025/862), regs. 1(2), 2(4)(b)
- F10
Words in art. 125(2) omitted (28.12.2020) by virtue of The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(2), 47(b)
- F11
Words in art. 125(2) omitted (31.12.2020) by virtue of The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 3 para. 69(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
Marginal citations
- M1
For the meaning of “resolution” see the recovery and resolution directive, Article 2.1, point (1).
Notes on the whole SI
Textual amendments
- F1
Order revoked (14.12.2023 for the revocation of art. 227) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(x)