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Regulation 93 Interpretation

Original text. Later amendments are not shown.

In this Chapter—

  • “the Act” means the Banking Act 2009,

  • “additional Tier 1 instruments” has the meaning given by section 3(1) of the Act,

  • “the FCA” has the meaning given in section 3(1) of the Act,

  • “fully secured liability” means a liability which, at the time it is created, is fully secured and governed by contractual terms that oblige the debtor to maintain the liability fully collateralised on a continuous basis in compliance with regulatory requirements in EU law or of the law of a third country achieving effects that can be deemed equivalent to EU law.

  • “mandatory reduction provision” has the meaning given by section 6B(2) of the Act,

  • “the PRA” has the meaning given in section 3(1) of the Act,

  • “the recovery and resolution directive” has the meaning given by section 3(1) of the Act,

  • “special bail-in provision” has the meaning given by section 48B(1) of the Act,

  • “Tier 2 instruments” has the meaning given by section 3(1) of the Act, and

  • “unsecured liability” means—

    1. (a)

      for liabilities created on or before 31 July 2016, a liability under which the right of the creditor to payment or other form of performance is not—

      1. (i)

        secured by a charge, pledge, lien, or mortgage; or

      2. (ii)

        subject to other collateral arrangements, including liabilities arising from repurchase transactions and other title transfer collateral arrangements; and

    2. (b)

      for liabilities created after 31 July 2016, a liability that is not a fully secured liability.