OpenLegislation

Article 2 Interpretation

United Kingdom

(1)

In this Order—

  • “the Act” means the Banking Act 2009;

  • F1“bail-in liability has the meaning given in section 2(1) of the Banking Act 2009

  • “the Bank” means the Bank of England;

  • “banking institution” means—

    1. (a)

      a bank M1;

    2. (b)

      an investment firm M2;

    3. (c)

      a banking group company;

    4. (d)

      F2a third-country institution (within the meaning of section 89JA of the Act (resolution of UK branches of third-country institutions)).

  • F3...

  • “netting arrangements” has the meaning given in section 48P(2) of the Act;

  • “relevant banking institution” has the meaning given in article 3(2);

  • “set-off arrangements” has the meaning given in section 48P(2) of the Act;

  • “title transfer collateral arrangements” has the meaning given in section 48P(2) of the Act;

  • “transferable securities” has the meaning given in Article F42.1(24) of Regulation (EU) No. 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, but does not include securities (within the meaning of section 14 of the Act M3) issued by the relevant banking institution.

(2)

References to sections of the Act include, as the context requires, those sections F5as applied with or without modifications by that Act, as that Act has effect on the day on which the Bank Recovery and Resolution F6(Amendment) (EU Exit) Regulations 2018 come into force..

Annotations

Textual amendments

F1

Words in art. 2(1) inserted (28.12.2020) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(2), 28(2)(a)

F2

Words in art. 2(1) inserted (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 39(2)(a)

F3

Words in art. 2(1) omitted (28.12.2020) by virtue of The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(2), 28(2)(b)

F4

Words in art. 2(1) 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. 4 para. 7(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in art. 2(2) substituted (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 39(2)(b)

F6

Words in art. 2(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. 4 para. 7(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1

Defined in section 2 of the Act.

M2

Defined in section 258A of the Act. Section 258A was inserted by the Financial Services Act 2012 (c.21), section 101.

M3

Amended by SI 2013/3115.

Notes on the whole SI

Textual amendments

F1

Order revoked (14.12.2023 for the revocation of art. 8) 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)(xi)