Paragraph 5 Recovery plans and resolution packs: restriction on duty of confidence
Section 137N M1 (recovery plans and resolution plans: restriction on duty of confidence) is amended as follows.
For the words “resolution plan”, wherever they appear, substitute “ resolution pack ”.
In subsection (2) after “authorised person” insert “ or a qualifying parent undertaking ”.
In subsection (3)(a) and (b) for “that plan” substitute “ that plan or pack ”.
In subsection (5) after the definition of “authorised person” insert—
““qualifying parent undertaking” means—
- (a)
a qualifying parent undertaking within the meaning given by section 192B; or
- (b)
an undertaking which—
- (i)
is a parent undertaking of an institution (within the meaning given in section 137J(6) M2) authorised in another EEA State; and
- (ii)
would be a qualifying parent undertaking within the meaning given by section 192B if the institution were a qualifying authorised person within the meaning given by section 192A(1) M3.”.
Accordingly, in the heading for “resolution plans” substitute “ resolution packs ”.
Annotations
Marginal citations
- M1
Section 137N was substituted by the Financial Services Act 2012, section 24(1).
- M2
Subsection (6) of section 137J is amended by paragraph 2(4) of this Schedule.
- M3
Section 192A was inserted by the Financial Services Act 2012, section 27.
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)