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Section 76 International obligation notice: generalI1

United Kingdom

(1)

The Bank of England may not exercise F1the power to make a resolution administrator appointment instrument or a mandatory reduction instrument or a stabilisation power in respect of a bank if the Treasury notify the Bank that the exercise would be likely to contravene an international obligation of the United Kingdom.

(2)

A notice under subsection (1)—

(a)

must be in writing, and

(b)

may be withdrawn (generally, partially or conditionally).

(3)

If the Treasury give a notice under subsection (1) the Bank of England must consider other exercises of F2the power to make a resolution administrator appointment instrument or a mandatory reduction instrument or the stabilisation powers with a view to—

(a)

pursuing the special resolution objectives, and

(b)

avoiding the objections on which the Treasury's notice was based.

(4)

The Treasury may by notice to the Bank of England disapply subsection (3) in respect of a bank; and a notice may be revoked by further notice.

F3(5)

“Resolution administrator appointment instrument” means an instrument under section 62B(2)(a).

Annotations

Textual amendments

F1

Words in s. 76(1) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 82(2)

F2

Words in s. 76(3) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 82(3)

F3

S. 76(5) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 82(4)

Commencement

I1

S. 76 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