OpenLegislation

Regulation 26 Systems designated in GibraltarF7

United Kingdom

(1)

Where an equivalent overseas order or equivalent overseas security is subject to the insolvency law of England and Wales or Scotland F1or Northern Ireland, this Part shall apply—

(a)

in relation to the equivalent overseas order as it applies in relation to a transfer order; and

(b)

in relation to the equivalent overseas security as it applies in relation to collateral security F2....

(2)

In paragraph (1)—

F3(a)

“equivalent overseas order” means an order having the like effect as a transfer order which is effected through a system designated in Gibraltar and which is governed by the law of Gibraltar; and

F4(b)

“equivalent overseas security” means any realisable assets provided under a charge or a repurchase or similar agreement, or otherwise (including credit claims and money provided under a charge)—

(i)

for the purpose of securing rights and obligations potentially arising in connection with such a system, F5...

F6(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in reg. 26(1) inserted (2.2.2006) by The Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2006 (S.I. 2006/50), regs. 1, 2(14)(b)

F2

Words in reg. 26(1)(b) omitted (6.4.2011) by virtue of The Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), regs. 1, 2(16)(a) (with reg. 3)

F3

Reg. 26(2)(a) 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), 8(6)(b) (with reg. 21); 2020 c. 1, Sch. 5 para. 1(1)

F4

Reg. 26(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(16)(b) (with reg. 3)

F5

Word in reg. 26(2)(b)(i) 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(6)(c)(i) (with reg. 21); 2020 c. 1, Sch. 5 para. 1(1)

F6

Reg. 26(2)(b)(ii) 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(6)(c)(ii) (with reg. 21); 2020 c. 1, Sch. 5 para. 1(1)

F7

Reg. 26 heading 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), 8(6)(a) (with reg. 21); 2020 c. 1, Sch. 5 para. 1(1)