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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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Change 1

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As published

6 Notice of decision to suspend or waive

(1) The Bank must give notice to any person in respect of whom it intends to suspend, suspend for a further period or waive a provision in a resolution instrument (“the recipient”) as soon as reasonably practicable after making such a decision to suspend, suspend for a further period or waive a provision. (2) The notice must— (a) specify— (i) the resolution instrument to which it relates; (ii) which provisions in that resolution instrument are being suspended, or being suspended for a further period, and which provisions are being waived (including where the resolution instrument is to be suspended or waived in full); (iii) for each provision to be suspended, or to be suspended for a further period, the date on which the suspension or further period of suspension will begin, and the date on which the suspension will end; (iv) for each provision to be waived, the date on which the waiver takes effect; (b) state that the Bank must review the decision to suspend any provision in the resolution instrument in accordance with these Regulations, and state that, further to such a review the Bank may decide to— (i) end the suspension of the provision and enforce it; (ii) waive the suspended provision, or (iii) suspend the provision for a further period. (c) state that the Bank must notify the recipient as set out in this regulation, if it decides to take any of the actions set out in sub-paragraph (b); (d) in respect of each provision to be suspended, state the date on which, if the Bank has not given notice of a decision under regulation 8 in relation to the provision, the provision must be treated by the Bank as having been waived under regulation 3(4) (treatment of a provision as waived); (e) state that the Bank must not take further action in respect of any provision which has been waived. (3) The Bank must provide the Treasury with a copy of any notice given under this regulation as soon as reasonably practicable.

Your change, as a redline

6 Notice of decision to suspend or waive

(1) The Bank must give notice to any person in respect of whom it intends to suspend, suspend for a further period or waive a provision in a resolution instrument (“the recipient”) as soon as reasonably practicable after making such a decision to suspend, suspend for a further period or waive a provision. (2) The notice must— (a) specify— (i) the resolution instrument to which it relates; (ii) which provisions in that resolution instrument are being suspended, or being suspended for a further period, and which provisions are being waived (including where the resolution instrument is to be suspended or waived in full); (iii) for each provision to be suspended, or to be suspended for a further period, the date on which the suspension or further period of suspension will begin, and the date on which the suspension will end; (iv) for each provision to be waived, the date on which the waiver takes effect; (b) state that the Bank must review the decision to suspend any provision in the resolution instrument in accordance with these Regulations, and state that, further to such a review the Bank may decide to— (i) end the suspension of the provision and enforce it; (ii) waive the suspended provision, or (iii) suspend the provision for a further period. (c) state that the Bank must notify the recipient as set out in this regulation, if it decides to take any of the actions set out in sub-paragraph (b); (d) in respect of each provision to be suspended, state the date on which, if the Bank has not given notice of a decision under regulation 8 in relation to the provision, the provision must be treated by the Bank as having been waived under regulation 3(4) (treatment of a provision as waived); (e) state that the Bank must not take further action in respect of any provision which has been waived. (3) The Bank must provide the Treasury with a copy of any notice given under this regulation as soon as reasonably practicable.

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