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Article 125 Application and interpretation of Chapter 2

United Kingdom

(1)

This Chapter applies where the PRA or FCA is the consolidating supervisor in relation to a relevant group.

(2)

In this Chapter—

  • F1...

  • “group entity” includes an undertaking which is—

    1. (a)

      a parent undertaking of the F2UK parent undertaking; and

    2. (b)

      a mixed activity holding company which has at least one subsidiary which—

      1. (i)

        is an institution; and

      2. (ii)

        is not a subsidiary of a financial holding company which is also a subsidiary of the mixed activity holding company;

  • “group institution” means—

    1. (a)

      the F3UK parent undertaking, if it is a relevant institution;

    2. (b)

      a group subsidiary which is a relevant institution;

    3. (c)

      a group entity, other than an institution, which is—

      1. (i)

        required under article 139 F4... to maintain a minimum requirement for own funds and eligible liabilities; ...

      2. (ii)

        F5...

    4. (d)

      where the group resolution plan does not provide for the separate resolution M1 of a subsidiary set up in a third country, that subsidiary if it would be a relevant institution if it were set up in F6the UK;

  • “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”—

    1. (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);

    2. (b)

      F11...

(3)

“Relevant institution”, in the definition of “group institution”, means an institution which—

(a)

if authorised by the PRA or FCA, is not a mortgage credit institution within the meaning given in Chapter 1; and

(b)

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)