{
  "url": "https://openlegislation.uk/financial-services-and-markets-act-2000/schedule-19C/paragraph-11",
  "json_url": "https://openlegislation.uk/financial-services-and-markets-act-2000/schedule-19C/paragraph-11.json",
  "legislation": "ukpga/2000/8",
  "legislation_title": "Financial Services and Markets Act 2000",
  "legislation_url": "https://openlegislation.uk/financial-services-and-markets-act-2000",
  "path": "schedule/19C/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": "Procedure",
  "text": "(1) An order under paragraph 10 may be made on the court’s own motion or on an application by—\n(a) where the insurer is in financial difficulties by virtue of paragraph 2(1)(a) (write-down order), a person mentioned in paragraph 1(4) of Schedule 19B;\n(b) where the insurer is in financial difficulties by virtue of paragraph 2(1)(b) (administration), a person mentioned in sub-paragraph (2);\n(c) where the insurer is in financial difficulties by virtue of paragraph 2(1)(c) (winding up), a person entitled to petition for the winding up of the insurer;\n(d) a provisional liquidator of the insurer;\n(e) the FCA.\n(2) For the purposes of sub-paragraph (1)(b), the persons are—\n(a) where an administrator has been appointed, the administrator;\n(b) where the insurer is in, or is awaiting, administration under Part 2 of the 1986 Act, a person mentioned in paragraph 12(1) of Schedule B1 to that Act;\n(c) where the insurer is in, or is awaiting, administration under Part 3 of the 1989 Order, a person mentioned in paragraph 13(1) of Schedule B1 to that Order.\n(3) Before making an application for an order under paragraph 10—\n(a) a person other than a person mentioned in sub-paragraph (4) must obtain the consent of the PRA;\n(b) a person mentioned in sub-paragraph (4) must consult the PRA.\n(4) The persons mentioned in this sub-paragraph are—\n(a) the FCA;\n(b) an administrator of the insurer;\n(c) a provisional liquidator of the insurer;\n(d) a person appointed to act as the manager of the write-down order by virtue of which the insurer is in financial difficulties for the purposes of this Schedule.\n(5) Consent under sub-paragraph (3)(a)—\n(a) must be in writing, and\n(b) must be filed with the court with the relevant application.\n(6) The PRA must consult the FCA before giving or refusing consent under sub-paragraph (3)(a).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 19C inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(e), Sch. 13 para. 1(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2000/8/schedule/19C/paragraph/11",
    "retrieved_at": "2026-10-29T09:21:21.899993+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}