The Investment Bank Special Administration Regulations 2011
Draft 2011, ISBN 9780111505588
Draft Regulations laid before Parliament under section 235(2) of the Banking Act 2009, for approval by resolution of each House of Parliament.
Financial Services And Markets
Made ***
Coming into force in accordance with regulation 1
The Treasury make the following Regulations in exercise of the powers conferred by sections 233, 234 and 259(1) of the Banking Act 2009f1 (the power in section 233 having not yet lapsed under section 235(4)).
Before laying these Regulations before Parliament in draft, the Treasury consulted in accordance with section 235(3) of that Act.
A draft of these Regulations has been laid before and approved by resolution of each House of Parliament in accordance with section 235(2) of that Act.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Interpretation
- 3Overview
- 4Special administration order
- 5Application
- 6Grounds for applying
- 7Powers of the court
- 8Notice to FSA of preliminary steps to other insolvency proceedings
- 9Application where investment bank is a deposit-taking bank
- 10Special administration objectives
- 11Objective 1 – distribution of client assets
- 12Objective 1 - shortfall in client assets held in omnibus account
- 13Objective 2 – engaging with market infrastructure bodies and the Authorities
- 14Continuity of supply
- 15General powers, duties and effect
- 16FSA direction
- 17Administrator’s proposals in the event of FSA direction
- 18Revision of proposals in the event of FSA direction
- 19FSA direction withdrawn
- 20Successful rescue
- 21Dissolution or voluntary arrangement
- 22Special administration order as an alternative order
- 23Disqualification of directors
- 24Limited liability partnerships
- 25Partnerships
- 26Northern Irish equivalent enactments
- 27Modifications and consequential amendments to legislation
- Signature
- Schedule 1: Special administration (bank insolvency)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 2: Special administration (bank administration)
- 1General provisions
- 2General provisions
- 3General provisions
- 4General provisions
- 5General provisions
- 6Application of Part 3 of the Act and the Insolvency Act
- 7Statement of proposals
- 8Statement of proposals
- 9Statement of proposals
- 10Meeting of creditors and clients to approve statement
- 11Revision to the statement of proposals (Objective A not yet achieved)
- 12Revision to the statement of proposals (Objective A achieved and no FSA direction)
- 13Revision to the statement of proposals (Objective A achieved and FSA direction has not been withdrawn)
- 14Powers of the court
- 15Ending of special administration (bank administration) (rescue)
- 16Ending of special administration (bank administration) (dissolution or voluntary arrangement
- 17Interpretation
- Schedule 3: Application of these Regulations to limited liability partnerships
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Application to Scotland
- 6Subordinate legislation
- Schedule 4: Application of these Regulations to partnerships
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 5Table of enactments referred to in these Regulations together with the equivalent enactment having effect in relation to Northern Ireland
- Schedule 6: Modifications and consequential amendments
- Part 1
- 1Paragraph 1
- Primary Legislation
- Secondary Legislation
- Part 2: Specific modifications
- 2Paragraph 2
- 3Financial Services and Markets Act 2000
- 4Pensions Act 2004
- 5Companies Act 2006
- 6Land Registration Rules 2003
- 7Credit Institutions (Reorganisation and Winding Up) Regulations 2004
- Part 3: Consequential amendments
- 8Companies Act 1985
- 9Finance Act 1986
- Explanatory note