Section 185 Banking business.
United Kingdom
A notice under section 183 above relating to the carrying on of a deposit-taking business as F1an authorised institution within the meaning of the Banking Act 1987 shall be served by the Treasury and may be either a disqualification notice or a partial restriction notice.
A disqualification notice relating to such business shall have the effect of—
cancelling any F2authorisation granted to the person concerned under the Banking Act 1987; and
disqualifying him from becoming an authorised institution within the meaning of that Act.
A partial restriction notice relating to such business may—
prohibit the person concerned from dealing with or disposing of his assets in any manner specified in the direction;
impose limitations on the acceptance by him of deposits;
prohibit him from soliciting deposits either generally or from persons who are not already depositors;
prohibit him from entering into any other transaction or class of transactions;
require him to take certain steps, to pursue or refrain from pursuing a particular course of activities or to restrict the scope of his business in a particular way.
The Treasury shall serve on the F3Financial Services Authority a copy of any notice served by them under section 183 above.
Any person who contravenes any provision of a partial restriction notice served on him by the Treasury under this section shall be guilty of an offence and liable—
on conviction on indictment, to a fine;
on summary conviction, to a fine not exceeding the statutory maximum.
Any such contravention shall be actionable at the suit of a person who suffers loss as a result of the contravention subject to the defences and other incidents applying to actions for breach of statutory duty, but no such contravention shall invalidate any transaction.
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Annotations
Textual amendments
- F1
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Words substituted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 27(4)(a)
- F2
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Words substituted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 27(4)(b)
- F3
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Words in s. 185(4) substituted (1.6.1998) by 1998 c. 11, ss. 23, 45, Sch. 5 para. 39; S.I. 1998/1120, art. 2; which Sch. 5 Pt. IV para. 39 itself was repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 162(b)
- F4
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S. 185(7) repealed by Banking Act 1987 (c. 22, SIF 10), s. 108(2), Sch. 7 Pt. I
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 3(1)(c) (with savings in art. 292)