Article 185 Stay of legal proceedings
Where—
the Bank has made a mandatory reduction instrument or exercised a stabilisation power in relation to any bank, building society, investment firm or banking group company (“institution under resolution”),
the institution under resolution is a party to legal proceedings before any court in the United Kingdom, and
the Bank reasonably considers that a stay of those proceedings is necessary for an effective application of the resolution tools or the stabilisation powers,
the Bank may apply to that court for a stay of the proceedings.
In this article—
“bank” has the meaning given by section 2 of the Banking Act 2009 M1;
“banking group company” has the meaning given in section 81D of the Banking Act 2009 M2;
“building society” has the meaning given in section 119 of the Building Societies Act 1986;
“mandatory reduction instrument” has the meaning given in section 6B(1) of the Banking Act 2009 M3; and
“stabilisation powers” has the meaning given in section 1(4) of the Banking Act 2009 M4.
Annotations
Marginal citations
- M1
Section 2 was amended by the Financial Services Act 2012, sections 101(1) and (3) and 102(1) and (3) and Schedule 17, paragraph 3, and by S.I. 2011/2832.
- M2
Section 81D was inserted by the Financial Services Act 2012, section 100(5); and was amended by the Financial Services (Banking Reform) Act 2013, Schedule 2, paragraphs 1 and 7(3), and by S.I. 2014/3329.
- M3
Section 6B was inserted by S.I. 2014/3329.
- M4
Section 1(4) was substituted by the Financial Services (Banking Reform) Act 2013, Schedule 2, paragraphs 1 and 12(1) and (4); and was amended by S.I. 2014/3329.
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)