Paragraph 39 Shadow directors etcI1I2
United Kingdom
This paragraph applies where the Bank uses one or more of the stabilisation options mentioned in paragraph 1(3) in respect of a CCP unless the CCP has ceased to be subject to the exercise of any stabilisation power mentioned in paragraph 1(4).
A relevant person is not to be treated in relation to the CCP—
as a shadow director for the purposes of the relevant enactments,
as a person who discharges managerial responsibilities for the purposes of those enactments (unless that person has been appointed as a director or a senior manager), or
as a director within the meaning of section 417(1)(b) of FSMA 2000 (a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act).
In this paragraph—
-
“relevant enactment” means—
- (a)
the Companies Act 2006;
- (b)
the Insolvency Act 1986;
- (c)
the Company Directors Disqualification Act 1986;
- (d)
FSMA 2000;
- (e)
the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));
- (f)
the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4));
- (a)
-
“relevant person” means—
- (a)
the Bank,
- (b)
persons who are employed by, or act on behalf of, the Bank, and
- (c)
a temporary manager appointed under paragraph 6 of this Schedule.
- (a)
Annotations
Commencement
- I1
Sch. 11 para. 39 not in force at Royal Assent, see s. 86(3)
- I2
Sch. 11 para. 39 in force at 31.12.2023 by S.I. 2023/1382, reg. 8(b)