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Article 23 Business changes and relevant measures

(1)

This article applies where—

(a)

a UK F1parent undertaking fails to submit a revision of the group recovery plan within the time allowed by the appropriate regulator; or

(b)

the appropriate regulator considers that an impediment has not been adequately addressed in a revision of the plan and cannot be adequately addressed by directing F2the UK parent undertaking to make specific changes to the plan.

(2)

F3... the appropriate regulator must, in exercise of its powers under FSMA—

(a)

direct the UK F4parent undertaking to propose business changes; and

(b)

if F5the UK parent undertaking fails to propose business changes within the time allowed by the appropriate regulator or the appropriate regulator considers that any business changes proposed by the UK parent undertaking would not adequately address the impediment, determine whether to direct the UK parent undertaking to take relevant measures.

Annotations

Textual amendments

F1

Words in art. 23(1)(a) 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. 17(2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in art. 23(1)(b) 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. 17(3); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in art. 23(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. 17(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in art. 23(2)(a) 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. 17(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in art. 23(2)(b) 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. 17(4)(c); 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)