Article 53 Review of resolution plan

United Kingdom

(1)

The Bank must review a resolution plan and make any appropriate amendment at least—

(a)

once a year; or

(b)

if the Bank has made a determination under article 8(5), at the intervals determined.

(2)

The Bank must—

F1(a)

review a resolution plan where—

(i)

any material change has been made to the legal or organisational structure of the relevant entity or to its business or financial position; or

(ii)

a change results from the application of the resolution tools or the exercise of the powers under section 6B of the Banking Act 2009 in relation to the relevant entity.

(b)

make appropriate amendments if such a change could have a material impact on the effectiveness of the plan or necessitate amendment for any other reason.

(3)

For the purposes of a review of a resolution plan the Bank may make a determination under article 8(3).

(4)

The Bank must review a resolution plan and adopt the up-dated plan—

(a)

in the case of an institution which is authorised by the PRA or FCA and is not part of a group subject to supervision on a consolidated basis in accordance with F2the capital requirements regulation and CRR rules, in accordance with Chapter 1; F3...

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

For the purposes of this article Part 3 and Chapter 1 have effect with the modifications specified in the table—

Article	Modification
Article 8	In paragraph (3) the reference to a resolution plan is a reference to the up-dated plan.
Article 37	Ignore paragraph (1). In paragraph (2)— (a) the reference to a resolution plan is a reference to the up-dated plan; and (b) for “be drawn up” read “the review must be undertaken”. In paragraph (3) for “drawn up” read “reviewed”. In paragraph (4) for “drawing up” read “reviewing”. In paragraph (5) the reference to the resolution plan is a reference to the up-dated plan.
Article 38	The reference to the resolution plan is a reference to the up-dated plan.

(6)

In this article—

“relevant entity” means an institution or group entity for which the Bank has adopted a resolution plan;
“resolution plan” means a plan adopted by the Bank under Chapter 1F5...; and
“up-dated plan”, in relation to a resolution plan, means that plan as reviewed in accordance with this article (whether or not it has been amended on review).

Annotations

Textual amendments

F1: Art. 53(2)(a) substituted (28.12.2020) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(2), 34
F2: Words in art. 53(4)(a) substituted (1.1.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 19(6)
F3: Word in art. 53(4)(a) 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. 30(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4: Art. 53(4)(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. 30(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in art. 53(6) 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. 30(3); 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)