Regulation 20 The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019I1

United Kingdom

(1)

The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019 M1 are amended as follows.

(2)

In regulation 5(3), after sub-paragraph (b), insert—

“(c)
in sub-paragraph (b), for the word “contract” substitute “ rules ”.”

(3)

In regulation 9—

(a)

renumber the new regulation 27 inserted by that provision as paragraph (1);

(b)

after the renumbered paragraph (1), insert—

“(2)
Expressions used in sub-paragraphs (a) to (c) above have the meanings given to them in these Regulations as they were in force immediately before F1IP completion day.”

(4)

In regulation 10—

(a)

for paragraph (b), substitute—

“(b)
in paragraph 5(2)—
(i)
for the first reference to “the system” substitute “ a system governed by the law of the United Kingdom ”;
(ii)
after “institution” insert “ whose head office is in the United Kingdom ”;”

(b)

in paragraph (d), before sub-paragraph (i), insert—

“(ai)
for the first reference to “the system” substitute “ a system governed by the law of the United Kingdom ”;”

(c)

renumber paragraph (e) as sub-paragraph (iv) in paragraph (d).

(5)

After regulation 18, insert—

“Transitional provisions: bank stabilisation
18A
(1)
A temporarily designated system is to be treated as a “designated settlement system” for the purposes of section 48B (special bail-in provision) of the Banking Act 2009 M2.
(2)
An operator of a temporarily designated system is to be treated as an “excluded person” for the purposes of sections 70A to 70C (suspension of obligations, restriction of security interests, suspension of termination rights) of the Banking Act 2009 M3.”.

Annotations

Textual amendments

F1: Words in reg. 20(3)(b) substituted (30.12.2020) by The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1301), regs. 1, 3, Sch. para. 43(e)

Marginal citations

M1: S.I. 2019/341.
M2: 2009 c.1. Section 48B was inserted by paragraph 4 of Schedule 2 to the Financial Services (Banking Reform) Act 2013 (c.33).
M3: Sections 70A to 70C were inserted by S.I. 2014/3329.

Commencement

I1: Reg. 20 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)