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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order amends the Financial Services and Markets Act 2000 (Ring-fenced Bodies and Core Activities) Order 2014 (S.I. 2014/1960) (the “Core Activities Order”) and the Financial Services and Markets Act 2000 (Excluded Activities and Prohibitions) Order 2014 (S.I. 2014/2080) (the “Excluded Activities Order”) to adjust the regulatory regime applying to ring-fenced bodies.

The Core Activities Order is amended—

(a)

to allow a grace period of 12 months during which an account holder which has ceased to satisfy the definition of “relevant financial institution” can continue to bank with a non-ring-fenced body (article 4(1)(c));

(b)

to introduce a four year transition period for UK deposit-takers which are acquired by a ring-fenced body (article 5(1)(c));

(c)

to increase the amount of core deposits which may be held by a non-ring-fenced body from £25 billion to £35 billion (article 5(2));

(d)

to permit UK deposit-takers to hold trading assets without becoming a ring-fenced body, provided that the value of its trading assets is always less than 10% of the value of its tier 1 capital (article 5(1) and (3)).

The Excluded Activities Order is amended—

(a)

to allow a ring-fenced body to have correspondent banking relationships with more than one bank or other payment service provider (articles 8(1)(a)(i), (vii) and 10(1));

(b)

to allow a ring-fenced body to have exposures to certain types of financial institutions which are SMEs (article 8(2)(b)(iii));

(c)

to allow a ring-fenced body to hedge against longevity risk and mortality risk (articles 8(1)(a)(iv), (v), 9(1)(b) and 10(2)(c));

(d)

to extend the range of assets which may be held by a sponsored structured finance vehicle of a ring-fenced body (article 8(3) and (4));

(e)

to allow a ring-fenced body to acquire certain instruments issued by an issuer as part of arrangements for restructuring the debt of the issuer or a group undertaking of the issuer, to mitigate the actual or potential financial difficulties of the issuer or one or more of its group undertakings, whether or not a release of all or part of that debt forms part of the arrangements (article 9(1)(c) and (d));

(f)

to allow a ring-fenced body to deal in investments to remedy or prevent the failure of a transaction due to error, or to test a new or changed product or service of the ring-fenced body (articles 9(1)(f) and 10(2)(e));

(g)

to allow a ring-fenced body to invest in small businesses based in the United Kingdom directly or through certain funds or investment companies, subject to certain conditions (articles 9(3) and 10(2)(e)).

The Order also amends the Excluded Activities Order—

(a)

to permit a ring-fenced body to offer inflation swaps (article 9(5)),

(b)

to permit a ring-fenced body to sell foreign exchange collars to its customers (article 9(6)),

(c)

to extend the range of transactions a ring-fenced body may enter into in the course of providing trade finance for its customers (article 10(3)),

(d)

to allow a ring-fenced body to incur exposures to a relevant financial institution of £100,000 or less (article 10(7)), and

(e)

to remove the prohibition on a ring-fenced body establishing a branch or holding an interest in undertakings incorporated outside the United Kingdom and the European Economic Area (article 10(8)).

The Order also makes other minor amendments to both the Core Activities Order and the Excluded Activities Order, including amendments to remove EU-related expressions which are no longer relevant to the UK.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis impact assessment is available on legislation.gov.uk or from HM Treasury, 1 Horse Guards Road, London SW1A 2HQ.