The Investment Bank Special Administration Regulations 2011
S.I. 2011/245 · Made 7 February 2011 · Extends to United Kingdom
Financial Services And Markets
Made 7th February 2011
Coming into force in accordance with regulation 1
The Treasury make the following Regulations in exercise of the powers conferred by sections 233, 234 and 259(1) of the Banking Act 2009 M1 (the power in section 233 having not yet lapsed under section 235(4)).
Before laying these Regulations before Parliament in draft, the Treasury consulted in accordance with section 235(3) of that Act.
A draft of these Regulations has been laid before and approved by resolution of each House of Parliament in accordance with section 235(2) of that Act.C1C2
Annotations to the whole text
Marginal citations
- M1
Modifications
- C1
Regulations modified (31.12.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 2 para. 33; S.I. 2014/3160, art. 2(1)(b)
- C2
Regulations modified (temp.) (31.12.2020) by The Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/710), regs. 1(4), 39 (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 43(l)); 2020 c. 1, Sch. 5 para. 1(1)
Contents
- 1Citation and commencement
- 2Interpretation
- 3Overview
- 4Special administration order
- 5Application
- 6Grounds for applying
- 7Powers of the court
- 8Notice to appropriate regulator of preliminary steps to other insolvency proceedings
- 9Application where investment bank is a deposit-taking bank
- 10Special administration objectives
- 10AObjective 1—duty of administrator to work with the FSCS
- 10BObjective 1—transfer of client assets
- 10CRestrictions on partial property transfers—general provision
- 10DRestrictions on partial property transfers—set-off and netting arrangements
- 10ERestrictions on partial property transfers—security interests
- 10FRestrictions on partial property transfers—capital market arrangements
- 10GRestrictions on partial property transfers—financial markets
- 10HObjective 1—post-administration reconciliation of accounts and records relating to client money
- 10IObjective 1—removal of right to interest on unsecured claims for the return of client money
- 11Objective 1 – distribution of client assets
- 12Objective 1 - shortfall in client assets held in omnibus account
- 12AObjective 1—distribution of client money
- 12BObjectives 1 and 3—client assets (other than client money) which the administrator is unable to return to clients
- 12CObjectives 1 and 3—client money which the administrator is unable to return to clients
- 12DPowers of the court on application to set a hard bar date
- 12EBar date notices—procedural requirements
- 12FCosts of making a claim
- 13Objective 2 – engaging with market infrastructure bodies and the Authorities
- 14Continuity of supply
- 15General powers, duties and effect
- 16Appropriate regulator direction
- 17Administrator's proposals in the event of Appropriate regulator direction
- 18Revision of proposals in the event of Appropriate regulator direction
- 19Appropriate regulator direction withdrawn
- 19AResponsibility for certain costs of the administration
- 20Successful rescue
- 21Dissolution or voluntary arrangement
- 22Special administration order as an alternative order
- 23Disqualification of directors
- 24Limited liability partnerships
- 25Partnerships
- 26Northern Irish equivalent enactments
- 27Modifications and consequential amendments to legislation
- Signature
- Schedule 1: Special administration (bank insolvency)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 2: Special administration (bank administration)
- 1General provisions
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Application of Part 3 of the Act and the Insolvency Act
- 7Statement of proposals
- 8Paragraph 8
- 9Paragraph 9
- 10Meeting of creditors and clients to approve statement
- 11Revision to the statement of proposals (Objective A not yet achieved)
- 12Revision to the statement of proposals (Objective A achieved and no regulation 16 direction)
- 13Revision to the statement of proposals (Objective A achieved and regulation 16 direction has not been withdrawn)
- 14Powers of the court
- 15Ending of special administration (bank administration) (rescue)
- 16Ending of special administration (bank administration) (dissolution or voluntary arrangement
- 17Interpretation
- Schedule 3: Application of these Regulations to limited liability partnerships
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Application to Scotland
- 6Subordinate legislation
- Schedule 4: Application of these Regulations to partnerships
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 5Table of enactments referred to in these Regulations together with the equivalent enactment having effect in relation to Northern Ireland
- Schedule 6: Modifications and consequential amendments
- Part 1
- 1Paragraph 1
- Primary Legislation
- Secondary Legislation
- Part 2: Specific modifications
- 2Paragraph 2
- 3Financial Services and Markets Act 2000
- 4Pensions Act 2004
- 5Companies Act 2006
- 6Land Registration Rules 2003
- 7Credit Institutions (Reorganisation and Winding Up) Regulations 2004
- Part 3: Consequential amendments
- 8Companies Act 1985
- 9Finance Act 1986
- Explanatory note