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The Financial Services and Markets Act 2023 (Resolution of Central Counterparties: Deferment of Provisions in Resolution Instruments) Regulations 2023

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As published

3 Waiver of a provision in a resolution instrument

(1) The Bank may waive a provision in a resolution instrument in relation to any person at any time. (2) Where a provision in a resolution instrument applies to more than one person, the Bank may waive the application of that provision in relation to any, some or all such persons. (3) The waiver in paragraphs (1) and (2) takes effect upon the date specified in the notice given by the Bank in accordance with regulation 6. (4) If a provision— (a) is, or has previously been, suspended under regulation 2 in relation to a person; and (b) is one where the Bank has not given notice to that person before the date on which the maximum period ends of a decision to end the suspension and enforce the provision, or to enforce a provision which had previously been suspended, under regulation 8, it must be treated by the Bank as having been waived in relation to that person.

Your change, as a redline

3 Waiver of a provision in a resolution instrument

(1) The Bank may waive a provision in a resolution instrument in relation to any person at any time. (2) Where a provision in a resolution instrument applies to more than one person, the Bank may waive the application of that provision in relation to any, some or all such persons. (3) The waiver in paragraphs (1) and (2) takes effect upon the date specified in the notice given by the Bank in accordance with regulation 6. (4) If a provision— (a) is, or has previously been, suspended under regulation 2 in relation to a person; and (b) is one where the Bank has not given notice to that person before the date on which the maximum period ends of a decision to end the suspension and enforce the provision, or to enforce a provision which had previously been suspended, under regulation 8, it must be treated by the Bank as having been waived in relation to that person.

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