The Bank Recovery and Resolution Order 2016
S.I. 2016/1239 · Made 15 December 2016 · Extends to United Kingdom
F1Banks And Banking
Financial Services And Markets
Made 15th December 2016
Coming into force 16th December 2016
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 section 2(2) of that Act and sections 28 and 30 of the Small Business, Enterprise and Employment Act 2015 M3 make the following Order.
A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972.C1
Annotations to the whole text
Textual amendments
- F1
Order revoked (14.12.2023 for the revocation of art. 42) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(xvi)
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), an order may be made under section 2(2) of the European Communities Act 1972 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).
- M3
Modifications
- C1
Order: 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: Citation and commencement
- 1Citation and commencement
- Part 2: Amendments of the Banking Act 2009 and related provision
- Chapter 1: Amendments of the Banking Act 2009
- 2Introduction to amendments of the Banking Act 2009
- 3Overview
- 4Interpretation of Part 1 of the Banking Act 2009
- 5Removal of impediments to the exercise of the stabilisation powers etc
- 6Cases where mandatory write-down, conversion etc applies
- 7General conditions
- 8Private sector purchasers
- 9Onward transfers
- 10Reverse share transfers
- 11Property transfer instruments: special bail-in provision
- 12Property transfer instruments and bail-in: supplementary matters
- 13Resolution company: asset and liability transfers from subsidiary banks
- 14Recovery of expenses
- 15Termination rights etc
- 16Onward and reverse transfers
- 17Independent valuation
- 18Cases where mandatory write-down etc applies: banking group companies
- 19Section 83ZW: renumbering
- 20Building societies
- 21Building societies: Bridge bank option
- 22Building Societies: amendment of section 84D
- 23Application to investment firms
- 24Application to recognised central counterparties
- 25Restrictions on disclosure of confidential information
- 26Bank administration
- 27Index of defined terms
- Chapter 2: Building Societies: charges
- 28Building Societies: charges
- Part 3: Resolution of UK branches of third-country institutions
- 29Resolution of UK branches of third-country institutions
- Part 4: Amendments of the Financial Services and Markets Act 2000
- 30Introduction to amendments of the Financial Services and Markets Act 2000
- 31General meeting
- 32Removal of directors and senior executives and appointment of temporary manager
- 33Assessment and resolution
- 34Restrictions on disclosure of confidential information
- 35Supervisory notices
- Part 5: Amendments of secondary legislation
- 36Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009
- 37Banking Act 2009 (Exclusion of Investment Firms of a Specified Description) Order 2014
- 38Banking Act 2009 (Third Party Compensation Arrangements for Partial Property Transfers) Regulations 2009
- 39Banking Act 2009 (Restriction of Special Bail-in Provision, etc) Order 2014
- 40Banking Act 2009 (Mandatory Compensation Arrangements Following Bail-in) Regulations 2014
- 41Bank Recovery and Resolution (No. 2) Order 2014
- Part 6: Review
- 42Review Repealed
- Signature
- Explanatory note