OpenLegislation

Paragraph 28 Private sector purchaser: marketingI1I2

United Kingdom

(1)

Subject to sub-paragraph (4) and (5), the Bank must make arrangements for marketing—

(a)

any securities issued by the CCP which the Bank intends to transfer by a share transfer instrument under paragraph 27(2)(a), or

(b)

any property, rights or liabilities of the CCP which the Bank intends to transfer by a property transfer instrument under paragraph 27(2)(b).

(2)

The arrangements under sub-paragraph (1) must—

(a)

be as transparent as possible having regard to the circumstances and the need to maintain financial stability;

(b)

ensure there is no conflict of interest;

(c)

take account of the need for the Bank to act quickly to address the situation where a CCP is failing or likely to fail;

(d)

aim at maximising, as far as possible, the sale price for the property, rights or liabilities involved.

(3)

The arrangements under sub-paragraph (1) must not—

(a)

materially misrepresent the securities, property, rights or liabilities which the Bank intends to transfer;

(b)

favour or discriminate between potential purchasers or grant an unfair advantage to a potential purchaser.

(4)

Sub-paragraph (1) does not apply if the Bank considers that complying with that sub-paragraph would undermine one or more of the special resolution objectives.

(5)

In particular sub-paragraph (1) does not apply if the Bank considers that—

(a)

there is a material threat to financial stability in the United Kingdom arising from or aggravated by the failure or likely failure of the CCP, and

(b)

complying with sub-paragraph (1) would undermine the effectiveness of the first stabilisation option in addressing that threat or achieving the objective in paragraph 15(4).

Annotations

Commencement

I1

Sch. 11 para. 28 not in force at Royal Assent, see s. 86(3)

I2

Sch. 11 para. 28 in force at 31.12.2023 by S.I. 2023/1382, reg. 8(b)