# Banking Act 2009, Section 83A: Modifications of Part

Extent: E+W+S+N.I.

(1) In the application of this Part to an FCA-regulated bank the modifications specified in the Table apply.
(2) In this section—
“ FCA-regulated bank ” means a bank which does not carry on any activity which is a PRA-regulated activity for the purposes of the Financial Services and Markets Act 2000;
“ immediate group ” has the meaning given by section 421ZA of the Financial Services and Markets Act 2000;
“ PRA-authorised person ” has the meaning given by section 2B(5) of that Act.
TABLE OF MODIFICATIONS
Provision
Modification
Section 3
Treat the definition of “normal insolvency proceedings” in subsection (1) as including investment bank special administration established by the Investment Bank Special Administration Regulations 2011 (S.I. 2011/245).
Section 6A
Treat the reference to the PRA in subsections (3)(a) and (7) as references to the FCA.
Section 6C
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 7
(a) Treat the references to the PRA in subsections (1), (5A), (5C), (5D) and (5F) as references to the FCA.
(b) . . .
(c) If the bank has as a member of its immediate group a PRA-authorised person the FCA must consult the PRA before determining whether or not Condition 2 is met.
(d) Subsections (5G)(a) and (5H)(a) do not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 7A
In subsection (1), the reference to the PRA does not apply unless the bank has as a member of its immediate group a PRA-authorised person
. . .
. . .
. . .
. . .
Section 8ZA
(a) Subsection (4)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
. . .
Section 9
Subsection (4)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
. . .
. . .
Section 24
Ignore subsection (1)(c).
Section 25
Ignore subsection (2)(c).
Section 26
Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 26ZA
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 26A
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 27
Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 28
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 29
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 30
Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 31
Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 41
Ignore subsection (1)(c).
Section 41A
Subsection (4)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 42
Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 42A
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 43
Subsection (7)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 44
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 44A
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 44D
Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 44E
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 45
Subsection (8)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 46
Subsection (7)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 48H
Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 48U
Subsection (4)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 48V
Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 48W
Subsection (9)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 63
Treat the reference to insolvency in subsection (1A), as including investment bank special administration, established by the Investment Bank Special Administration Regulations 2011
Section 66
Treat the reference to insolvency in subsection (1ZA), as including investment bank special administration, established by the Investment Bank Special Administration Regulations 2011
Section 81AA
Treat the references to the PRA in subsections (3)(b) and (5)(a) as references to the FCA.
Section 81B
(a) Treat the references to the PRA in subsections (2) and (2A) as references to the FCA.
(b) Ignore subsection (6)(b) unless the bank has as a member of its immediate group a PRA-authorised person.
Section 81ZZBA
Treat the reference to the PRA in subsection (4) as a reference to the FCA.
Section 81ZZBB
(a) Treat the references to the PRA in subsections (2) and (6) as references to the FCA.
(b) Subsections (7)(b) and (8)(b) do not apply unless the banking group company has as a member of its immediate group a PRA-authorised person.
Section 81ZBA
(a) Treat the references to the PRA in subsections (2)(a) and (2A) as references to the FCA.
(b) Ignore subsection (8)(a) unless the bank has as a member of its immediate group a PRA-authorised person.
. . .
Section 81ZBB
Treat the reference to the PRA in subsection (4) as a reference to the FCA.
Section 81ZBC
(a) Treat the references to the PRA in subsections (2) and (6) as references to the FCA.
(b) Subsections (7)(b) and (8)(b) do not apply unless the banking group company has as a member of its immediate group a PRA-authorised person.
Section 81BA
(a) Treat the references to the PRA in subsections (2)(a) and (2A) as references to the FCA.
(b) Subsection (5)(b) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.
Section 81BB
Treat the reference to the PRA in subsection (4) as a reference to the FCA.
Section 81BC
(a) Treat the references to the PRA in subsections (2) and (6) as references to the FCA.
(b) Subsections (7)(b) and (8)(b) do not apply unless the banking group company has as a member of its immediate group a PRA-authorised person.
Section 82
(a) Treat the reference to the PRA in subsection (2) as a reference to the FCA.
(b) Ignore subsection (5)(a).
. . .
. . .

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Source: https://www.legislation.gov.uk/ukpga/2009/1/section/83A (the official version)
Page: https://openlegislation.uk/banking-act-2009/section-83A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

