Law

The Bank Recovery and Resolution (No. 2) Order 2014

United Kingdom · regulation

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In force since 2026-01-01, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 208 provisions
  1. Title and introductory text
  2. 1 Citation and commencement
  3. 2 Interpretation
  4. 3 Application of Order
  5. 7 Recovery planning: preparatory steps and simplified obligations
  6. 8 Resolution planning: preparatory steps and simplified obligations
  7. 9 Consultation with the Financial Policy Committee
  8. 10 Provision of information to EBA
  9. 11 Application and interpretation of Chapter 1
  10. 12 Assessment of plan
  11. 13 Criteria for assessment
  12. 14 Revision of plan
  13. 15 Business changes and relevant measures
  14. 16 Application and interpretation of Chapter 2
  15. 17 Duty to transmit a copy of group recovery plan
  16. 18 Assessment of group recovery plan
  17. 19 Purpose of assessment
  18. 20 Timing of assessment of plan
  19. 21 Joint assessment of plan
  20. 22 Revision of plan
  21. 23 Business changes and relevant measures
  22. 24 Recovery plan for group institution
  23. 25 References to EBA
  24. 26 Requesting the assistance of EBA
  25. 27 Application and interpretation of Chapter 3
  26. 28 Purpose of assessment
  27. 29 Joint assessment of plan
  28. 30 Assessment of recovery plans drawn up on an individual basis
  29. 31 References to EBA
  30. 32 Requesting the assistance of EBA
  31. 33 Review of recovery plan
  32. 34 Review of group recovery plan assessed under Chapter 2
  33. 35 Review of group recovery plan assessed under Chapter 3
  34. 36 Interpretation of Chapter 1
  35. 37 The Bank's duty to draw up resolution plans
  36. 38 Duty to transmit a copy of the resolution plan
  37. 39 Application of Chapter 2
  38. 40 The Bank's duty to draw up group resolution plans
  39. 41 Information to be transmitted for the purpose of drawing up group resolution plans
  40. 42 Joint decision on adoption of group resolution plan
  41. 43 References to EBA
  42. 44 Requesting the assistance of EBA
  43. 45 Duty to transmit a copy of the group resolution plan
  44. 46 Application and interpretation of Chapter 3
  45. 47 Joint decision on adoption of group resolution plan
  46. 48 Failure to reach joint decision: disagreement by the Bank with a joint proposal
  47. 49 Failure to reach joint decision: agreement by the Bank with a joint proposal
  48. 50 Resolution plan for group entity
  49. 51 References to EBA
  50. 52 Requesting the assistance of EBA
  51. 53 Review of resolution plan
  52. 54 Review of group resolution plan drawn up by the Bank
  53. 55 Review of group resolution plan drawn up by another resolution authority
  54. 56 Information required for resolution planning
  55. 57 Notice of matters which could necessitate an amendment of a plan
  56. 58 Records of financial contracts
  57. 59 Application and interpretation of Chapter 1
  58. 60 Assessment of resolvability
  59. 61 Application and interpretation of Chapter 2
  60. 62 Assessment of group resolvability where the PRA or FCA is the consolidating supervisor
  61. 63 Assessment of group resolvability where neither the PRA nor the FCA is the consolidating supervisor
  62. 64 Application and interpretation of Chapter 3
  63. 65 Notice of determination
  64. 66 Effect of notice of determination
  65. 67 Right of appeal
  66. 68 Application and interpretation of Chapter 4
  67. 69 Report on substantive impediments to the resolvability of group entities
  68. 70 Suspension of requirement to draw up or review group resolution plan
  69. 71 Determining remedial measures
  70. 72 Joint decision on impediments to group resolvability and remedial measures
  71. 73 References to EBA
  72. 74 Requesting the assistance of EBA
  73. 75 Application and interpretation of Chapter 5
  74. 75A Report on substantive impediments to the resolvability of group entities
  75. 76 Suspension of requirement to draw up or review group resolution plan
  76. 77 Determining remedial measures
  77. 78 Joint decision on impediments to group resolvability and remedial measures
  78. 79 Failure to reach joint decision: disagreement by the Bank with joint proposals
  79. 80 Failure to reach joint decision: agreement by the Bank with joint proposals
  80. 81 References to EBA
  81. 82 Requesting the assistance of EBA
  82. 83 Application and interpretation of Chapter 1
  83. 84 Review of group financial support agreement and decision on authorisation
  84. 85 Duty to transmit a copy of application
  85. 86 Joint decision with other competent authorities
  86. 87 References to EBA
  87. 88 Requesting the assistance of EBA
  88. 89 Duty to transmit a copy of authorised agreement
  89. 90 Amendment of authorised agreement
  90. 91 Application and interpretation of Chapter 2
  91. 92 Review of group financial support agreement and decision on authorisation
  92. 93 Joint decision with other competent authorities
  93. 94 References to EBA
  94. 95 Requesting the assistance of EBA
  95. 96 Amendment of authorised agreement
  96. 97 Interpretation of Chapter 3
  97. 98 Requirement for approval of authorised agreement
  98. 98A Publication of information concerning group financial support agreements
  99. 99 Revocation of authorised agreement
  100. 100 Obligation to provide annual report
  101. 101 Interpretation of Chapter 4
  102. 102 Relevant notice from UK group entity: decision by the PRA or FCA
  103. 103 Duties of consolidating supervisor where financial support agreed, prohibited or restricted
  104. 104 Re-assessment of recovery plans by the PRA or FCA where it is not the consolidating supervisor
  105. 105 Requesting the assistance of EBA
  106. 106 Reciprocal support
  107. 107 Interpretation of Chapter 1
  108. 108 Notice that institution meets the conditions for early intervention
  109. 109 Deadline for compliance with measure for early intervention
  110. 110 Application and interpretation of Chapter 2
  111. 111 Procedure for early intervention in respect of a UK group entity
  112. 112 Procedure for early intervention in respect of a non-UK group entity
  113. 113 Joint decisions about early intervention
  114. 114 References to EBA
  115. 115 Requesting the assistance of EBA
  116. 116 Application and interpretation of Chapter 3
  117. 117 Procedure for early intervention in respect of a UK group entity
  118. 118 Joint decisions about early intervention
  119. 119 References to EBA
  120. 120 Requesting the assistance of EBA
  121. 121 Interpretation of Chapter 1
  122. 122 Duties of the Bank in relation to minimum requirement
  123. 123 Determination of minimum requirement
  124. 124 Review of minimum requirement
  125. 125 Application and interpretation of Chapter 2
  126. 126 Determination of minimum consolidated requirement
  127. 127 Joint determination
  128. 128 References to EBA: determination of minimum consolidated requirement
  129. 129 Review of minimum consolidated requirement
  130. 130 Application and interpretation of Chapter 3
  131. 131 Joint determination of minimum consolidated requirement
  132. 132 Review of minimum consolidated requirement
  133. 133 Application and interpretation of Chapter 4
  134. 134 Duties of the Bank in relation to minimum requirement
  135. 135 Determination of minimum requirement
  136. 136 Joint determination of minimum requirements
  137. 137 References to EBA: determination of minimum requirement
  138. 138 Review of minimum requirements
  139. 139 Minimum requirement for other group entities set up in the United Kingdom
  140. 140 Application and interpretation of Chapter 5
  141. 141 Duties of the Bank in relation to minimum requirement
  142. 142 Determination of minimum requirement
  143. 143 Joint determination of minimum requirements
  144. 144 References to EBA: determination of minimum requirement
  145. 145 Review of minimum requirements
  146. 146 Minimum requirement for other group entities set up in the United Kingdom
  147. 147 Waiver of application of Chapter 4 ...
  148. 148 Meeting minimum requirement through contractual bail-in instruments etc
  149. 149 Application and interpretation of Part
  150. 150 Determinations under section 6A and 81AA of the Banking Act 2009: preliminary steps for UK group entities
  151. 151 Regulator to take alternative measures
  152. 152 Determination that Case 2, 3, 4 or 5 is satisfied
  153. 153 Joint determination under Article 59(3)(c) of the recovery and resolution directive in relation to a non-UK group entity
  154. 154 Interpretation of Part
  155. 155 Requirement to increase or remove limit on share capital
  156. 156 Removal of impediments to the conversion of liabilities into shares
  157. 156A Contractual recognition of bail-in: technical standards
  158. 157 Application and interpretation of Part
  159. 158 Liabilities arising from derivative contracts
  160. 159 Application and interpretation of Chapter 1
  161. 160 Assessment of business reorganisation plan
  162. 161 Purpose of assessment
  163. 162 Revision of plan
  164. 163 Application and interpretation of Chapter 2
  165. 164 Assessment etc of business reorganisation plan
  166. 165 Application and interpretation of Chapter 3
  167. 166 Duty to transmit a copy of business reorganisation plan
  168. 167 Assessment of business reorganisation plan
  169. 168 Purpose of assessment
  170. 169 Assessment of plan where every group entity is set up in the United Kingdom
  171. 170 Joint assessment of plan
  172. 171 Revision of plan
  173. 172 Assessment of business reorganisation plans drawn up on an individual basis
  174. 173 References to EBA
  175. 174 Requesting the assistance of EBA
  176. 175 Application and interpretation of Chapter 4
  177. 176 Purpose of assessment
  178. 177 Joint assessment of plan
  179. 178 Assessment of business reorganisation plans drawn up on an individual basis
  180. 179 References to EBA
  181. 180 Requesting the assistance of EBA
  182. 181 Interpretation of Part
  183. 182 Matters to be notified by the regulator to the Bank
  184. 183 Notification that an undertaking is failing or likely to fail
  185. 184 Duty to send copy of share transfer instrument etc to members and creditors of institution
  186. 184A Notifications under articles 182, 183 and 184
  187. 185 Stay of legal proceedings
  188. 186 Remedies on judicial review
  189. 216 Interpretation of Part
  190. 217 Shadow directorship
  191. 218 Modified application of legislation on cross-border mergers
  192. 219 Modified application of the Companies Act 2006 (disapplication of Takeover Rules)
  193. 220 Modified application of the Companies Act 2006 (disapplication of other requirements)
  194. 220A Modified application of the Companies Act 2006 (shareholders’ rights)
  195. 221 Investment firms to be treated as financial institutions
  196. 222 Continuity
  197. 223 Duty to co-operate
  198. 224 Non-binding co-operation arrangements in line with EBA framework arrangements
  199. 225 Duty to inform EBA of imposition of penalties
  200. 226 Amendments of primary and secondary legislation
  201. 227 Review
  202. SCHEDULE A1 Information to be contained in a recovery plan or group recovery plan
  203. SCHEDULE 1 Information to be contained in a resolution plan
  204. SCHEDULE 2 Information to be contained in a group resolution plan
  205. SCHEDULE 2A Additional information which may be required for the purposes of a resolution plan or group resolution plan
  206. SCHEDULE 2B Matters that the Bank is to consider when assessing resolvability
  207. SCHEDULE 3 Amendments
  208. SCHEDULE 4 Modified application of the Companies Act 2006 to banks etc in resolution

Proposed changes to this act

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208 provisions

43 References to EBA

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44 Requesting the assistance of EBA

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45 Duty to transmit a copy of the group resolution plan

The Bank must send a copy of the group resolution plan to the appropriate regulator ....

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46 Application and interpretation of Chapter 3

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47 Joint decision on adoption of group resolution plan

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48 Failure to reach joint decision: disagreement by the Bank with a joint proposal

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49 Failure to reach joint decision: agreement by the Bank with a joint proposal

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50 Resolution plan for group entity

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51 References to EBA

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52 Requesting the assistance of EBA

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53 Review of resolution plan

(1) The Bank must review a resolution plan and make any appropriate amendment at least— (a) once a year; or (b) if the Bank has made a determination under article 8(5), at the intervals determined. (2) The Bank must— (a) review a resolution plan where— (i) any material change has been made to the legal or organisational structure of the relevant entity or to its business or financial position; or (ii) a change results from the application of the resolution tools or the exercise of the powers under section 6B of the Banking Act 2009 in relation to the relevant entity. (b) make appropriate amendments if such a change could have a material impact on the effectiveness of the plan or necessitate amendment for any other reason. (3) For the purposes of a review of a resolution plan the Bank may make a determination under article 8(3). (4) The Bank must review a resolution plan and adopt the up-dated plan— (a) in the case of an institution which is authorised by the PRA or FCA and is not part of a group subject to supervision on a consolidated basis in accordance with the capital requirements regulation and CRR rules, in accordance with Chapter 1; ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) For the purposes of this article Part 3 and Chapter 1 have effect with the modifications specified in the table— Article | Modification Article 8 | In paragraph (3) the reference to a resolution plan is a reference to the up-dated plan. Article 37 | Ignore paragraph (1). In paragraph (2)— the reference to a resolution plan is a reference to the up-dated plan; and for “be drawn up” read “the review must be undertaken”. In paragraph (3) for “drawn up” read “reviewed”. In paragraph (4) for “drawing up” read “reviewing”. In paragraph (5) the reference to the resolution plan is a reference to the up-dated plan. Article 38 | The reference to the resolution plan is a reference to the up-dated plan. (6) In this article— “relevant entity” means an institution or group entity for which the Bank has adopted a resolution plan; “resolution plan” means a plan adopted by the Bank under Chapter 1...; and “up-dated plan”, in relation to a resolution plan, means that plan as reviewed in accordance with this article (whether or not it has been amended on review).

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54 Review of group resolution plan drawn up by the Bank

(1) The Bank must review a group resolution plan at least— (a) once a year; or (b) if the Bank has made a determination under article 8(5), at the intervals determined. (2) The Bank must— (a) review a group resolution plan where any material change has been made to the legal or organisational structure of the relevant group or any group entity or to its business or financial position; and (b) make appropriate amendments if such a change could have a material impact on the effectiveness of the plan or necessitate amendment for any other reason. (3) For the purposes of a review of a group resolution plan the Bank may make a determination under article 8(3). (4) The Bank must review a group resolution plan and adopt the up-dated plan in accordance with Chapter 2. (5) For the purposes of this article Part 3 and Chapter 2 have effect with the modifications specified in the table— Article | Modification Article 8 | In paragraph (3) the reference to a group resolution plan is a reference to the up-dated plan. Article 40 | In paragraphs (1) and (2) for “draw up and adopt a” read “review the”. In paragraph (3)— the reference to a group resolution plan is a reference to the up-dated plan; and for “be drawn up” read “the review must be undertaken”. In paragraph (4) for “drawn up” read “reviewed”. In paragraphs (5) and (7) for “drawing up a” read “reviewing the”. Article 41 | ... Article 45 | The reference to a group resolution plan is a reference to the up-dated plan. (6) In this article— “group resolution plan” means a plan adopted by the Bank under Chapter 2; and “up-dated plan”, in relation to a group resolution plan, means that plan as reviewed in accordance with this article (whether or not it has been amended on review).

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55 Review of group resolution plan drawn up by another resolution authority

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56 Information required for resolution planning

(1) The regulator must provide the Bank with all information contained in a resolution pack prepared by a relevant person in accordance with rules made by the regulator under FSMA. (2) This article does not require any information to be disclosed if its disclosure would be contrary to section 348 of FSMA. (3) In this article— “regulator” has the meaning given in section 3A(2) of FSMA ; “relevant person” has the meaning given in subsection (2) of section 137K of FSMA (rules about resolution packs: duty to consult); and “resolution pack” has the meaning given in subsection (3) of that section.

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57 Notice of matters which could necessitate an amendment of a plan

The PRA and the FCA must notify the Bank without delay of any change of circumstances or other matter coming to their attention which could necessitate an amendment of a resolution plan or group resolution plan.

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58 Records of financial contracts

(1) The Bank may give directions to a relevant person in relation to maintaining detailed records of financial contracts to which the relevant person is a party. (2) A “relevant person” is— (a) an institution authorised by the PRA or FCA; or (b) an undertaking set up in the United Kingdom which is a subsidiary of an institution authorised by the PRA or FCA ...; or (c) the UK parent undertaking. (2A) “Financial contracts” means— (a) securities contracts, including— (i) contracts for the purchase, sale or loan of a security, a group or index of securities; (ii) options on a security or group or index of securities; (iii) repurchase or reverse repurchase transactions on any such security, group or index; (b) commodities contracts, including— (i) contracts for the purchase, sale or loan of a commodity or group or index of commodities for future delivery; (ii) options on a commodity or group or index of commodities; (iii) repurchase or reverse repurchase transactions on any such commodity, group or index; (c) futures and forwards contracts, including contracts (other than a commodities contract) for the purchase, sale or transfer of a commodity or property of any other description, service, right or interest for a specified price at a future date; (d) swap agreements, including— (i) swaps and options relating to interest rates, spot or other foreign exchange agreements, currency, an equity index or equity, a debt index or debt, commodity indexes or commodities, weather, emissions or inflation; (ii) total return, credit spread or credit swaps; (iii) any agreements or transactions that are similar to an agreement referred to in paragraph (i) or (ii) which is the subject of recurrent dealing in the swaps or derivatives markets; (e) inter-bank borrowing agreements where the term of the borrowing is three months or less; (f) master agreements for any of the contracts or agreements referred to in sub-paragraphs (a) to (e). (3) A direction given by the Bank may— (a) require records of financial contracts to be maintained; (b) specify the details or kinds of detail which are to be recorded; (c) require records of financial contracts to be produced at the request of the Bank; (d) specify a period of time within which a relevant person is to be capable of producing records (“a time-limit”); (e) specify different time-limits for different kinds of financial contract. (4) The Bank must exercise its functions under this article in accordance with any technical standards under paragraph (5). (5) The Bank may make technical standards relating to— (a) the circumstances in which it will give a direction under this paragraph; and (b) the information that must be contained in the records required by such a direction. (4) Directions may be given with general effect or with respect to a particular relevant person or class of relevant persons, but may not specify different time-limits for different relevant persons or classes of relevant person.

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59 Application and interpretation of Chapter 1

(1) This Chapter applies where the Bank draws up a resolution plan for an institution in accordance with Chapter 1 of Part 5, or reviews a resolution plan drawn up in accordance with that Chapter. (2) In this Chapter “assessment of resolvability” means an assessment of the extent to which it would be feasible and credible to apply the resolution tools, exercise resolution powers or take insolvency proceedings in respect of the institution while avoiding to the maximum extent possible any significant adverse effect on the financial system of the United Kingdom or the continuity of the institution's critical functions.

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60 Assessment of resolvability

(1) For the purpose of drawing up or reviewing the resolution plan the Bank must make an assessment of resolvability. (2) For the purpose of making the assessment of resolvability the Bank must— (a) consider all relevant matters, including the matters set out in Schedule 2B and in any technical standards under paragraph (2A); (b) have regard to the circumstances under which the institution may fail or be likely to fail, in particular— (i) supposing that there is a situation of widespread financial instability or an occurrence of events which pose systemic risk; and (ii) supposing that there is no such a situation or occurrence; (c) not assume that the institution will be in receipt of— (i) extraordinary public financial support; (ii) emergency liquidity assistance ; or (iii) any other liquidity assistance provided by the Bank under non-standard collateralisation, tenor and interest rate terms; and (d) consult— (i) the appropriate regulator... (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) The Bank may make technical standards providing— (a) further examples of relevant matters to be considered; and (b) criteria to be examined, for the purposes of making the assessment of resolvability. (3) Paragraph (2) has effect subject to the imposition of any simplified obligations (within the meaning given by article 9(3)(b)) with respect to the assessment of resolvability. (4) The institution is deemed to be resolvable if the Bank concludes that it would be feasible and credible to apply the resolution tools, exercise resolution powers or take insolvency proceedings in respect of the institution while avoiding to the maximum extent possible any significant adverse effect on the financial system of the United Kingdom or the continuity of the institution's critical functions. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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61 Application and interpretation of Chapter 2

(1) This Chapter applies where the Bank— (a) ... draws up a group resolution plan in accordance with Chapter 2 of Part 5 or reviews a plan drawn up in accordance with that Chapter... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In this Chapter “assessment of group resolvability” means an assessment of the extent to which it would be feasible and credible to apply the resolution tools or exercise resolution powers in respect of resolution entities, or take insolvency proceedings in respect of group entities while avoiding to the maximum extent possible any significant adverse effect on the financial system of the United Kingdom or the continuity of the critical functions of group entities.

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62 Assessment of group resolvability where the PRA or FCA is the consolidating supervisor

(1) This article applies in relation to a relevant group in respect of which the PRA or FCA is the consolidating supervisor. (2) For the purpose of drawing up or reviewing a group resolution plan the Bank must make an assessment of group resolvability in respect of the relevant group and, where there is more than one resolution group in the relevant group, in respect of each resolution group. (3) For the purpose of making the assessment of group resolvability the Bank must— (a) consider all relevant matters, including the matters set out in Schedule 2B and in any technical standards under paragraph (2A); (b) have regard to the circumstances under which resolution entities may meet the conditions for resolution, in particular— (i) supposing that there is a situation of widespread financial instability or an occurrence of events which pose systemic risk; and (ii) supposing that there is no such a situation or occurrence; (c) not assume that any of the group entities will be in receipt of— (i) extraordinary public financial support; (ii) emergency liquidity assistance; or (iii) any other liquidity assistance provided by the Bank under non-standard collateralisation, tenor and interest rate terms; and (d) consult— (i) the appropriate regulator; (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) The Bank may make technical standards providing— (a) further examples of relevant matters to be considered; and (b) criteria to be examined, for the purposes of making the assessment of group resolvability. (4) Paragraph (3) has effect subject to the imposition of any simplified obligations (within the meaning given by article 9(3)(b)) with respect to the assessment of group resolvability. (5) The relevant group or a resolution group is deemed to be resolvable if the Bank concludes that it would be feasible and credible to apply the resolution tools or exercise resolution powers in respect of resolution entities, or take insolvency proceedings in respect of group entities while avoiding to the maximum extent possible any significant adverse effect on the financial system of the United Kingdom or the continuity of the critical functions of group entities. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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63 Assessment of group resolvability where neither the PRA nor the FCA is the consolidating supervisor

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64 Application and interpretation of Chapter 3

(1) This Chapter applies where the Bank, after consulting the appropriate regulator and having made an assessment of resolvability in accordance with Chapter 1, determines that there are substantive impediments to the resolvability of an institution (“the impediments”). (2) In this Chapter— “determination” means a determination of a kind referred to in paragraph (1); “pre-resolution powers” means the powers conferred on the Bank by section 3A of the Banking Act 2009 (removal of impediments to the exercise of stabilisation powers etc); and “relevant proposals” means proposals which— are prepared by an institution to which notice is given under article 65; are for taking measures to address or remove the impediments including a timetable for doing so; and are required to be submitted by the institution within the response period. “response period” means— in a case where the institution does not... meet ... the minimum requirement for own funds and eligible liabilities in accordance with section 3A(4B) of the Banking Act, two weeks beginning with the date on which the institution received the notice; and in any other case, four months beginning with that date.

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65 Notice of determination

(1) The Bank must give notice of a determination to— (a) the institution concerned; and (b) the appropriate regulator... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The notice must— (a) be in writing; (b) set out the impediments; and (c) give reasons for the determination.

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66 Effect of notice of determination

(1) A notice under article 65 has the effect of suspending the Bank's duty to draw up a resolution plan for the institution (or review the resolution plan adopted for the institution) until the Bank has approved relevant proposals or exercised pre-resolution powers. (2) The Bank, after consulting the appropriate regulator, must assess whether the measures set out in relevant proposals would adequately address or effectively remove the impediments. (3) Where the institution— (a) fails to submit relevant proposals within the response period, or (b) the Bank concludes that the measures set out in relevant proposals would not adequately address or effectively remove the impediments, the Bank must exercise pre-resolution powers with the object of requiring the institution to take specified measures to address or remove the impediments (“remedial measures”). (4) In a direction given by the Bank for that purpose the Bank must— (a) demonstrate how the measures set out in relevant proposals would not adequately address or effectively remove the impediments; (b) demonstrate how the remedial measures will adequately address or effectively remove the impediments in a manner proportionate to the burden or restriction imposed by the direction; and (c) require the institution to— (i) prepare a plan showing how it will comply with the remedial measures; and (ii) submit that plan within one month beginning on the date of the direction. (5) Where the consent of the appropriate regulator is not required under section 3A(5) of the Banking Act 2009, the Bank must consult the appropriate regulator and, where appropriate, the Financial Policy Committee before determining remedial measures. (6) For the purpose of assessing relevant proposals and determining remedial measures the Bank must take account of— (a) the threat to financial stability posed by the impediments; and (b) the effect of the remedial measures on— (i) the business and financial stability of the institution and its ability to contribute to the economy of the United Kingdom ...; (ii) the market in the United Kingdom for financial services; (iii) the financial stability of the United Kingdom. (7) The Bank must give the institution written notice of the remedial measures, including a reasoned account of its decision to require the institution to take those measures.

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67 Right of appeal

(1) A person who is aggrieved by— (a) a determination, (b) the Bank's conclusion that the measures set out in relevant proposals would not adequately address or effectively remove the impediments, or (c) the exercise of pre-resolution powers, may refer the matter to the Tribunal (within the meaning given in section 417(1) of FSMA ). (2) Part 9 of FSMA (hearings and appeals) has effect in relation to a reference to the Tribunal under paragraph (1) as if it were a reference of a decision of the Bank under FSMA.

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68 Application and interpretation of Chapter 4

(1) This Chapter applies where, in relation to a relevant group— (a) the PRA or FCA is the consolidating supervisor; and (b) the Bank, having made an assessment of group resolvability in accordance with Chapter 2, has identified substantive impediments to the resolvability of a group entity (“the impediments”). (2) In this Chapter— “group entity” means the UK parent undertaking or a subsidiary within the relevant group which is— an institution a financial institution; or a parent undertaking of an institution which is ...— ... a qualifying parent undertaking; “measures for structural change” means— measures for changing the legal or operational structure of a group entity in order to ensure, through the application of resolution tools and the exercise of resolution powers, that critical functions can be separated, legally or operationally, from the performance of other functions; measures for establishing a UK parent financial holding company; or where an institution is a subsidiary of a relevant MAHC, measures for establishing a financial holding company as a parent undertaking of the institution for the purpose of— facilitating the application of resolution tools and the exercise of resolution powers to achieve any of the resolution objectives; or ensuring that applying the resolution tools and exercising the resolution powers does not have an adverse effect on the non-financial part of the group of the relevant MAHC; “the plan” means the group resolution plan being drawn up for the relevant group (or the group resolution plan which has been adopted for the group and is being reviewed); “pre-resolution powers” has the same meaning as in Chapter 3; “qualifying parent undertaking” has the meaning given by section 192B of FSMA (meaning of “qualifying parent undertaking”); and “remedial measures” means measures to address or remove the impediments. “response period” means— in a case where the institution does not, as applicable, meet the requirements referred to in Articles 92a and 494 of the capital requirements regulation or the minimum requirement for own funds and eligible liabilities in accordance with section 3A(4B) of the Banking Act, two weeks beginning with the date on which the institution received the notice; and in any other case, four months beginning with that date. (3) “Relevant MAHC”, in the definition of “measures for structural change”, means a mixed activity holding company which has at least one subsidiary which— (a) is an institution; and (b) is not a subsidiary of a financial holding company which is also a subsidiary of the mixed activity holding company.

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69 Report on substantive impediments to the resolvability of group entities

(1) The Bank, in co-operation with ... the appropriate regulator ..., must prepare a report which— (a) contains an analysis of the impediments; (b) proposes remedial measures for the impediments; and (c) examines the impact of the remedial measures on the business of the group entities. (2) The Bank must submit its report to the UK parent undertaking and the appropriate regulator.

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70 Suspension of requirement to draw up or review group resolution plan

(1) ... The submission of the Bank's report under article 69 has the effect of suspending the Bank's duty to draw up or review the plan until the Bank determines remedial measures under article 71(3)(c). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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71 Determining remedial measures

(1) The UK parent undertaking may, within the response period beginning with the date on which it receives the Bank's report, submit to the Bank its observations on the report and a proposal to take alternative remedial measures (“alternative proposal”). (2) The Bank must send such observations and any alternative proposal to the appropriate regulator. (3) ... The Bank must— (a) confirm the impediments with or without modification; (b) assess any alternative proposal; and (c) determine remedial measures in the exercise of pre-resolution powers— (i) where the Bank concludes that the measures set out in an alternative proposal would adequately address or effectively remove the impediments, by approving that proposal (with or without modification); (ii) otherwise, by specifying the measures which are to be taken. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The Bank must consult the appropriate regulator and, where appropriate, the Financial Policy Committee before determining remedial measures under paragraph (3)(c). (6) In considering any matter referred to in paragraph (3) or (4) the Bank must take account of— (a) the threat to financial stability posed by the impediments; and (b) the effect of the measures on— (i) the business and financial stability of each group entity and its ability to contribute to the economy of the United Kingdom ... (ii) the market in the United Kingdom for financial services; (iii) the financial stability of the United Kingdom. (7) Paragraphs (8) and (9) apply where remedial measures determined under paragraph (3) ... are to be implemented by a group entity set up in the United Kingdom. (8) The Bank must exercise pre-resolution powers with the object of requiring the entity to take the remedial measures. (9) In a direction given for that purpose, the Bank— (a) if it has specified the measures which are to be taken, must demonstrate how the measures set out in an alternative proposal would not adequately address or effectively remove the impediments; (b) must demonstrate how the remedial measures will adequately address or effectively remove the impediments in a manner proportionate to the burden or restriction imposed by the direction; and (c) must require the entity to— (i) prepare a plan showing how it will comply with the remedial measures; and (ii) submit that plan within one month beginning on the date of the direction.

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72 Joint decision on impediments to group resolvability and remedial measures

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73 References to EBA

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74 Requesting the assistance of EBA

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75 Application and interpretation of Chapter 5

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75A Report on substantive impediments to the resolvability of group entities

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76 Suspension of requirement to draw up or review group resolution plan

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77 Determining remedial measures

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78 Joint decision on impediments to group resolvability and remedial measures

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79 Failure to reach joint decision: disagreement by the Bank with joint proposals

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80 Failure to reach joint decision: agreement by the Bank with joint proposals

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81 References to EBA

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