Regulation 20 Transfer order entered into designated system following insolvency
This Part does not apply in relation to any transfer order given by a participant which is entered into a designated system after—
a court has made an order of a type referred to in regulation 22 F1in respect of—
that participant;
a participant in a system which is an interoperable system in relation to the designated system; or
a system operator which is not a participant in the designated system, or , or
the appointment of an administrator under paragraph 14 or paragraph 22 of Schedule B1 to the Insolvency Act 1986 has taken effect;
that participant F3, a participant in a system which is an interoperable system in relation to the designated system or a system operator of that designated system has passed a creditors' voluntary winding-up resolution, or
a trust deed granted by that participant , a participant in a system which is an interoperable system in relation to the designated system or a system operator of that designated system has become a protected trust deed,
unless the F4conditions mentioned in either paragraph (2) or paragraph (4) are satisfied.
F5The conditions referred to in this paragraph are that—
For the purposes of paragraph (2)(b), F10the relevant system operator shall be taken to have notice of an event specified in paragraph (1)(a), F11(aa), (b) or (c) if it deliberately failed to make enquiries as to that matter in circumstances in which a reasonable and honest person would have done so.
The conditions referred to in this paragraph are that—
a recognised central counterparty F13... or third country central counterparty is the system operator;
a clearing member of that central counterparty has defaulted; and
the transfer order has been entered into the system pursuant to the provisions of the default rules of the central counterparty that provide for the transfer of the positions or assets of a clearing member on its default.
In paragraph (4)—
“recognised central counterparty” F14...” and “third country central counterparty” have the meanings given by section 285 of the 2000 Act; and
“clearing member” has the meaning given by section 190(1) of the Companies Act 1989.
Annotations
Textual amendments
- F1
Words in reg. 20(1)(a) substituted (6.4.2011) by The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 2(13)(a) (with reg. 3)
- F2
Reg. 20(1)(aa) inserted (31.12.2020) by The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/341), regs. 1(3), 8(1)(a) (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)
- F3
Words in reg. 20(1)(b)(c) inserted (6.4.2011) by The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 2(13)(b) (with reg. 3)
- F4
Words in reg. 20(1) substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 32(6)(a) (with regs. 52-58)
- F5
Words in reg. 20(2) substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 32(6)(b) (with regs. 52-58)
- F6
Words in reg. 20(2)(a) substituted (6.4.2011) by The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 2(13)(c)(i) (with reg. 3)
- F7
Word in reg. 20(2)(a) inserted (31.12.2020) by The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/341), regs. 1(3), 8(1)(b) (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)
- F8
Words in reg. 20(2)(b) substituted (6.4.2011) by The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 2(13)(c)(ii)(aa) (with reg. 3)
- F9
Words in reg. 20(2)(b) substituted (6.4.2011) by The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 2(13)(c)(ii)(bb) (with reg. 3)
- F10
Words in reg. 20(3) substituted (6.4.2011) by The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 2(13)(d) (with reg. 3)
- F11
Word in reg. 20(3) inserted (31.12.2020) by The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/341), regs. 1(3), 8(1)(b) (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)
- F12
Reg. 20(4)(5) inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 32(6)(c) (with regs. 52-58)
- F13
Words in reg. 20(4)(a) omitted (31.12.2020) by virtue of The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/341), regs. 1(3), 8(1)(c) (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)
- F14
Words in reg. 20(5)(a) omitted (31.12.2020) by virtue of The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/341), regs. 1(3), 8(1)(d) (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)