Article 16 Application and interpretation of Chapter 2
This Chapter applies where, in relation to a relevant group—
the PRA or FCA is the consolidating supervisor; and
a group entity submits a group recovery plan to the appropriate regulator for assessment F1....
In this Chapter—
“business changes” means changes to the business of a group institution which would be made with the object of addressing an impediment;
“four month period” means four months beginning with the date on which the appropriate regulator transmits a copy of the group recovery plan under article 17;
“group institution” means—
- (a)
the F2UK parent undertaking, if it is an institution;
- (b)
a group subsidiary which is an institution;
- (a)
“impediment”, in relation to the group recovery plan, means any material deficiency or measure in the plan which would impede its implementation;
“relevant matters”, in relation to the assessment of the group recovery plan, means the following matters for decision—
- (c)
whether the plan meets the criteria for assessment;
- (d)
whether group institutions should be required to draw up and submit recovery plans on an individual basis;
- (e)
whether the plan contains an impediment;
- (f)
whether a group entity should be required to revise the plan;
- (g)
whether an impediment has been adequately addressed in a revision of the plan;
- (h)
where an impediment has not been adequately addressed in a revision of the plan, whether it can be adequately addressed by directing a group entity to make specific changes to the plan; and
- (i)
where an impediment cannot be adequately addressed by specific changes to the plan or by business changes—
- (i)
whether a group entity should be directed to take relevant measures; and
- (ii)
the terms of any direction to take relevant measures;
- (i)
- (c)
“relevant measures” means measures to maintain or restore the viability and financial position of a group institution, including measures to—
- (a)
reduce the institution's risk profile, including its liquidity risk profile;
- (b)
review its structure and strategy;
- (c)
enable it to undertake timely recapitalisation;
- (d)
change its funding strategy in order to improve the resilience of core business lines and critical functions; or
- (e)
change its governance structure; and
- (a)
F3...
Annotations
Textual amendments
- F1
Words in art. 16(1)(b) 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. 10(2); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Word in art. 16(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. 10(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in art. 16(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. 10(3)(b); 2020 c. 1, Sch. 5 para. 1(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)