The Capital Requirements Regulations 2013
S.I. 2013/3115 · Made 9 December 2013 · Extends to United Kingdom
Financial Services And Markets
Made 9th December 2013
Laid before Parliament 10th December 2013
Coming into force in accordance with regulation 1
The Treasury are designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to financial services.
The Treasury, in exercise of the powers conferred by—
- (a)
section 2(2) of the European Communities Act 1972; and
- (b)
sections 349(1)(b), 349(2), 349(3) and 428(3) of, and paragraphs 13(1)(b)(iii), 14(1)(b), 17(a), 17(b), 17(c), 18 and 22 of Schedule 3 to, the Financial Services and Markets Act 2000 F1;
make the following Regulations:C1
Annotations to the whole text
Textual amendments
- F1
2000 c. 8. Section 349(2) was amended by section 41 of, and paragraphs 19(1) and (2) of Schedule 12 to, the Financial Services Act 2012 (c. 21); paragraphs 14(1)(b), 17(c), 18 and 22 of Schedule 3 were amended by section 12 of, and paragraphs 1, 3, 7, 8 and 14 of Schedule 4 to, the Financial Services Act 2012; paragraph 14(1)(b) was also amended by S.I. 2003/1473 and S.I. 2003/2066.
Marginal citations
- M1
- M2
1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c. 7). By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under s2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed in Brussels on 17th March 1993 (Cm 2183).
Modifications
- C1
Regulations: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)
Contents
- Part 1: Introductory provisions
- 1Citation, commencement and expiry
- 2Interpretation
- 2AInterpretation: regulators' rules
- Part 2: Capital Requirements Regulations 2006: revocation
- 3Capital Requirements Regulations 2006: revocation
- Part 3: Designation of competent authorities
- 4Main provisions of the capital requirements regulation and Directive 2013/36/EU UK law
- 5Capital buffers and Article 458 of the capital requirements regulation Repealed
- Part 4: PRA and FCA: cooperation and co-ordination Repealed
- 6Co-operation within the European System of Financial Supervision Repealed
- 7Co-operation with EBA Repealed
- 8Information gathering, planning and co-ordination duties Repealed
- 9Requirement to consult other competent authorities: major sanctions or exceptional measures Repealed
- 10Emergency situations: notification requirements Repealed
- 11Collaboration concerning supervision of cross-border institutions Repealed
- 12On-the-spot checks and inspections: during CRD transitional period Repealed
- 13On-the-spot checks or inspections: after CRD transitional period Repealed
- 14On-the-spot checks and inspections: powers of EEA competent authorities Repealed
- 15Significant branches: UK is the host EEA State Repealed
- 16Significant branches: UK is the home EEA State or EEA consolidating supervisor Repealed
- 17Duties to notify EBA and EIOPA Repealed
- Part 5: Publication of information by PRA and FCA Repealed
- 18General disclosures required of PRA and FCA Repealed
- 19Specific disclosures required of PRA and FCA Repealed
- Part 6: Consolidated supervision
- 20Determination of the consolidating supervisor Repealed
- 21Assessment of equivalence of consolidated supervision by supervisory authorities in third countries
- 22Co-ordination and co-operation arrangements Repealed
- 23Co-ordination of supervisory activities by the EEA consolidating supervisor Repealed
- 24The Bank's general duties Repealed
- 25Exchange of information Repealed
- 26Obtaining information already disclosed Repealed
- 27Verification of information by a competent authority in another EEA State Repealed
- 28Requirement to establish list of holding companies Repealed
- 29Joint decisions on own funds: PRA or FCA is the EEA consolidating supervisor Repealed
- 30Joint decisions on own funds: PRA or FCA is not the EEA consolidating supervisor Repealed
- 31Joint decision on liquidity: PRA or FCA is the EEA consolidating supervisor Repealed
- 32Joint decision on liquidity: PRA or FCA is not the EEA consolidating supervisor Repealed
- 33Colleges of supervisors Repealed
- Part 7: Exercise of supervision by the PRA ...
- 34Supervisory powers: own funds
- 34ASupervisory review and evaluation process
- 34BOngoing review of the permission to use internal approaches
- 35Specific liquidity requirements
- 35AApplication of supervisory measures to institutions with similar risk profiles Repealed
- 35BSupervisory powers
- 35CSpecific publication requirements
- 36Employee remuneration
- 37Diversity practices
- 38Consultation with EBA: supervisory benchmarking of internal approaches for calculation own funds requirements Repealed
- Part 8: Permissions under the CRR
- 39Meaning of “permission” and “protected item” in this Part
- 40Applications for permissions: process, information and documents
- 41Decisions: written notices
- 42Appeals
- 43Publication of written notices
- 44Transitional provision for matters done before commencement
- Part 9: Misleading the PRA or FCA
- 45Misleading the PRA or FCA
- Part 10: Amendments and revocations
- 46Amendments and revocations
- Signature
- Schedule 1: CRD transitional arrangements
- Paragraph
- Schedule 2: Amendments to primary and secondary legislation
- Part 1: Amendments to FSMA
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Part 2: Amendments to other primary legislation
- 31Superannuation Act 1972
- 32Consumer Credit Act 1974
- 33Judicial Pensions Act 1981
- 34Building Societies Act 1986
- 35Paragraph 35
- 36Judicial Pensions and Retirement Act 1993
- 37Criminal Justice Act 1993
- 38Bank of England Act 1998
- 39Paragraph 39
- 40Terrorism Act 2000
- 41Proceeds of Crime Act 2002
- 42Companies Act 2006
- 43Banking (Special Provisions) Act 2008
- 44Counter-Terrorism Act 2008
- 45Banking Act 2009
- Part 3: Amendments to secondary legislation
- 46Credit Institutions (Protection of Depositors) Regulations 1995
- 47Cash Ratio Deposits (Eligible Liabilities) Order 1998
- 48Financial Markets and Insolvency (Settlement Finality) Regulations 1999
- 49Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000
- 50Competition Act 1998 (Determination of Turnover for Penalties) Order 2000
- 51Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
- 52Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001
- 53Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
- 54Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001
- 55Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
- 56Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001
- 57Financial Services and Markets Act 2000 (Gibraltar) Order 2001
- 58Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001
- 59Uncertificated Securities Regulations 2001
- 60Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003
- 61Financial Collateral Arrangements (No. 2) Regulations 2003
- 62Conduct of Employment Agencies and Employment Businesses Regulations 2003
- 63Credit Institutions (Reorganisation and Winding Up) Regulations 2004
- 64Financial Conglomerates and Other Financial Groups Regulations 2004
- 65Building Societies Act 1986 (Modification of the Lending Limit and Funding Limit Calculations) Order 2004
- 66Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006
- 67Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007
- 68Money Laundering Regulations 2007
- 69Regulated Covered Bonds Regulations 2008
- 70Payment Services Regulations 2009
- 71Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009
- 72Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009
- 73Provision of Services Regulations 2009
- 74Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010
- 75Electronic Money Regulations 2011
- 76Recognised Auction Platforms Regulations 2011
- 77Financial Services and Markets Act 2000 (Prescribed Financial Institutions) Order 2013
- 78Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013
- 79Bank of England Act 1998 (Macro-prudential Measures) Order 2013
- 80Alternative Investment Fund Managers Regulations 2013
- Schedule 3Revocations
- Explanatory note