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Paragraph 3

England, Wales and Scotland

F1Where a banking company, or a company which is the holding company of a credit institution, takes advantage of the provisions of paragraph 2 of this Part of this Schedule for the purposes of its annual accounts for a financial year, then, in preparing those accounts, it shall comply with the provisions of Part III of Schedule 6 (other transactions, arrangements and agreements) only in relation to a transaction, arrangement or agreement made by that banking company or (as the case may be) credit institution for—

(a)

a person who was a director of the company preparing the accounts, or who was connected with such a director, or

(b)

a person who was a chief executive or manager F2. . . of that company or its holding company.

(2)

References in that Part to officers of the company shall be construed accordingly as including references to such persons.

F3(3)

In this paragraph—

(a)

“director” includes a shadow director;

(b)

“chief executive” has the meaning given in section 417 of the Financial Services and Markets Act 2000; and

(c)

“manager” has the meaning given in section 423(3) of that Act.

(4)

For the purposes of that Part as it applies by virtue of this paragraph, a F4body corporate which a person does not control shall not be treated as connected with him.

(5)

F5Sections 252 to 255 of, and Schedule 1 to, the Companies Act 2006 apply for the purposes of this paragraph as regards the interpretation of references to a person being connected with a director or controlling a body corporate.

Annotations

Textual amendments

F1

Words in Sch. 9 Pt. IV para. 3(1) substituted (28.2.1994) by S.I. 1994/233, reg. 5(1)(4)

F2

Words in Sch. 9 Pt. IV para. 3(1)(b) repealed (3.7.2002) by The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 (S.I. 2002/1555), art. 12(2)

F3

Sch. 9 Pt. IV para. 3(3) substituted (3.7.2002) by The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 (S.I. 2002/1555), art. 12(3)

F4

Words in Sch. 9 Pt. IV para. 3(4)(5) substituted (28.2.1994) by S.I. 1994/233, reg. 5(1)(5)

F5

Words in Sch. 9 Pt. 4 para. 3(5) substituted (1.10.2007 with application in accordance with Sch. 4 para. 7(2) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 10(1), Sch. 4 para. 7(1)(b) (with art. 12)

Notes on Schedule 9

Textual amendments

F1

Sch. 9 repealed (6.4.2008) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 Pt. 1 (with arts. 7, 12); Sch. 9 para. 3(4)(5) and certain words in Sch. 9 para. 3(3)(a) are expressed to be repealed (6.4.2008 with effect as stated in Sch. 1 para. 91(2) of the amending S.I.) by S.I. 2008/948, arts. 2(1), 3, Sch. 1 para. 90(1), Sch. 2 (with arts. 6, 11, 12)

Notes on Part IV

Textual amendments

F1

Sch. 9 Pts. II–IV added by Companies Act 1989 (c. 40, SIF 27), ss. 18(3)(4), 213(2), Sch. 7 (subject to the transitional and saving provisions mentioned in S.I. 1990/355, arts. 6–9) (Sch. 7 of the 1989 Act providing that the provisions have effect as Pts. II to IV of Sch. 9)