OpenLegislation

Paragraph 9

(1)

The administrator shall send the statement to—

(a)

the F1FCA and, where the investment bank concerned is a PRA-authorised person, the PRA;

(b)

the FSCS;

(c)

the registrar of companies;

(d)

every creditor of the F2investment bank of whose claim and address the administrator is aware;

(e)

every member of the investment bank of whose address the administrator is aware; and

(f)

every client of the investment bank of whose claim the administrator is aware and of whom the administrator has a means of contacting.

(2)

The administrator shall comply with sub-paragraph (1) not later than 10 business days after—

(a)

obtaining the agreement of the Bank of England (and where F3a regulator has given a direction, F4that regulator); or

(b)

the court has made an order dispensing with the need for this agreement.

(3)

The administrator shall be taken to comply with sub-paragraph (1)(d) if the administrator publishes in the prescribed manner a notice undertaking to provide a copy of the statement of proposals free of charge to any member of the investment bank who applies in writing to a specified address.

(4)

The administrator shall also give notice in the prescribed manner that the statement of proposals is to be provided free of charge to a market infrastructure body which applies in writing to a specified address.

(5)

Sub-paragraphs (7) and (8) of paragraph 49 of Schedule B1 apply with the following modifications—

(a)

the reference in paragraph 49(7) to sub-paragraph (5) shall be a reference to sub-paragraph (2) of this paragraph;

(b)

the reference to “this paragraph” in paragraph 49(8) means this paragraph;

(c)

the reference to paragraph 107 is a reference to that paragraph as applied by section 145 of the Act and by paragraph 6(3).

Annotations

Textual amendments

F1

Words in Sch. 2 para. 9(1)(a) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(iv)(aa) (with Sch. 2 para. 213)

F2

Word in Sch. 2 substituted (1.9.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) (No. 3) Order 2013 (S.I. 2013/1765), arts. 1, 10

F3

Words in Sch. 2 para. 9(2)(a) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(iv)(bb)(cc) (with Sch. 2 para. 213)

F4

Words in Sch. 2 para. 9(2)(a) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 198(q)(iv)(bb)(dd) (with Sch. 2 para. 213)