Section 43 Onward transferI1
United Kingdom
The Bank of England may make one or more onward property transfer instruments.
An onward property transfer instrument is a property transfer instrument which—
provides for property, rights or liabilities of the F3resolution company to be transferred (whether accruing or arising before or after the original instrument);
makes other provision for the purposes of, or in connection with, the transfer of property, rights or liabilities of the resolution company (whether the transfer has been or is to be effected by that instrument, by another property transfer instrument or otherwise).
An onward property transfer instrument may relate to property, rights or liabilities of the F4resolution company whether or not they were transferred under the original instrument.
An onward property transfer instrument may not transfer property, rights or liabilities to the transferor under the original instrument.
Sections 7, 8F5, 8ZA and 52 do not apply to an onward property transfer instrument (but for other purposes it is to be treated in the same way as any other property transfer instrument, including for the purposes of the application of a power under this Part).
Before making an onward property transfer instrument the Bank of England must consult—
the PRA,
the FCA, and
the Treasury.
Section 42 applies where the Bank of England has made an onward property transfer instrument.
Annotations
Textual amendments
- F1
Words in s. 43(1) substituted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(2)(a)
- F2
Words in s. 43(1) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(2)(b)
- F3
Words in s. 43(3) substituted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(3)
- F4
Words in s. 43(4) substituted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(4)
- F5
Word in s. 43(6) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 43(5)
- F6
S. 43(7)(a)(aa) substituted for s. 43(7)(a) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 17 para. 22 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Commencement
- I1
S. 43 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 1
Notes on Part 1
Modifications
- C1
Pt. 1 restricted (7.1.2010) by Banking Act 2009 (Exclusion of Insurers) Order 2010 (S.I. 2010/35), arts. 1, 2
- C2
Pt. 1: power to amend conferred (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 17(3)(f), 148(5); S.I. 2014/377, art. 2(1)(b), Sch. Pt. 2
Notes on Chapter 3
Textual amendments
- F1
Pt. 1 Ch. 3 formed from ss. 4-83 (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 7