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Regulation 18A Restrictions on enforcement of financial collateral arrangements, etc.F1

(1)

Nothing in regulations 16 and 17 prevents the Bank of England imposing a restriction—

(a)

on the enforcement of financial collateral arrangements, or

(b)

on the effect of a security financial collateral arrangement, close out netting provision or set-off arrangement,

in the exercise of its powers under Part 1 of the Banking Act 2009 F2or under Schedule 11 to the Financial Services and Markets Act 2023.

(2)

For the purpose of paragraph (1) “set-off arrangement” F3means an arrangement under which two or more debts, claims or obligations can be set off against each other.

Annotations

Textual amendments

F1

Reg. 18A inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 9(4)

F2

Words in reg. 18A(1) inserted (31.12.2023) by The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023 (S.I. 2023/1313), regs. 1(2), 16(4)

F3

Words in reg. 18A(2) substituted (31.12.2020) by The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/341), regs. 1(3), 12(4) (with reg. 21) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 23(b) and with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)