OpenLegislation

Paragraph 154 The Bank Insolvency (No.2) Rules (Northern Ireland) 2009I1

United Kingdom

In the Bank Insolvency (No.2) Rules (Northern Ireland) 2009f1—

(a)

in rule 3(2) (application of rules, construction and interpretation)—

(i)

omit the definition of “the FSA”;

(ii)

after the definition of “the Department”, insert—

  • ““the appropriate regulator” in relation to a bank means—

    1. (a)

      if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority;

    2. (b)

      in any other case, the Financial Conduct Authority;”;

(b)

in rule 10(1) (other persons to receive copies of application), for sub-paragraph (c) substitute—

“(c)

the Financial Conduct Authority, (if it is not the applicant);

(ca)

if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000) and the applicant is not the Prudential Regulation Authority, that Authority;”;

(c)

in rule 10(1)(e), for “FSA” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

(d)

in rule 20(2) (appointment of provisional bank liquidator), for paragraph (b) substitute—

“(b)

by the Financial Conduct Authority, with the consent of the Bank of England;

(ba)

if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), by the Prudential Regulation Authority, with the consent of the Bank of England; or”;

(e)

in rule 73 (disapplication of set off for eligible depositors), for paragraph (6) substitute—

“(6)

In this rule—

  • “appropriate regulator rules” means the rules, as amended from time to time, made by the Financial Conduct Authority or the Prudential Regulation Authority under section 213 of the Financial Services and Markets Act 2000;

  • “protected deposit” means a protected deposit within the meaning given by appropriate regulator rules.”;

(f)

in rule 94(2) (removal of bank liquidator by the court), for “FSA” substitute “Financial Conduct Authority, the Prudential Regulation Authority”;

(g)

in rule 94(6)(a) for “FSA” substitute “the appropriate regulator”.

Annotations

Commencement

I1

Sch. 2 para. 154 in force at 1.4.2013, see art. 1(1)

Footnotes

f1

S.R (N.I.) 2009 No. 122.