Law

Banking Act 2009

United Kingdom · statute

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In force since 2026-01-19, as the publisher states.

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

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Contents: 449 provisions
  1. Title and introductory text
  2. 1 Overview
  3. 2 Interpretation: “bank”
  4. 3 Interpretation: other expressions
  5. 3A Removal of impediments to the exercise of stabilisation powers etc
  6. 3B Safeguards relating to directions under section 3A
  7. 4 Special resolution objectives
  8. 5 Code of practice
  9. 6 Code of practice: procedure
  10. 6A Cases where mandatory write-down, conversion, etc applies
  11. 6B Mandatory write-down, conversion, etc of capital instruments and liabilities
  12. 6C Mandatory reduction instruments: implementation of requirements of section 6B
  13. 6D Mandatory reduction instruments: supplementary matters
  14. 6E Pre-resolution valuation
  15. 7 General conditions
  16. 7A Effect on other group members, financial stability in UK etc
  17. 8 Specific Condition: private sector purchaser, bridge bank or asset management vehicle
  18. 8ZA Specific conditions: asset management vehicle
  19. 8A Specific condition: bail-in
  20. 9 Specific conditions: temporary public ownership
  21. 10 Banking Liaison Panel
  22. 11 Private sector purchaser
  23. 11A Private sector purchaser: marketing
  24. 12 Bridge bank
  25. 12ZA Asset management vehicle
  26. 12A Bail-in option
  27. 12AA Bail-in: sequence of write-down and conversion of capital instruments and liabilities
  28. 12B Bail-in administrators
  29. 13 Temporary public ownership
  30. 14 Interpretation: “securities”
  31. 15 Share transfer instrument
  32. 16 Share transfer order
  33. 17 Effect
  34. 18 Continuity
  35. 19 Conversion and delisting
  36. 20 Directors and senior managers
  37. 21 Ancillary instruments: production, registration, &c.
  38. 22 Termination rights, &c.
  39. 23 Incidental provision
  40. 24 Procedure: instruments
  41. 25 Procedure: orders
  42. 26 Supplemental instruments
  43. 26ZA Onward share transfer instruments
  44. 26A ... reverse share transfer instruments
  45. 27 Supplemental orders
  46. 28 Onward transfer
  47. 29 Reverse share transfer orders
  48. 29A Interpretation: “resolution company”
  49. 30 Resolution company: share transfers
  50. 31 Resolution company: reverse share transfer
  51. 32 Interpretation: general
  52. 33 Property transfer instrument
  53. 34 Effect
  54. 35 Transferable property
  55. 36 Continuity
  56. 36A Directors and senior managers
  57. 37 Licences
  58. 38 Termination rights, &c.
  59. 39 Foreign property
  60. 39A Banks which are recognised central counterparties
  61. 39B Property transfer instrument: delisting
  62. 40 Incidental provision
  63. 41 Procedure
  64. 41A Transfer of property subsequent to resolution instrument
  65. 42 Supplemental instruments
  66. 42A Private sector purchaser: reverse property transfer
  67. 43 Onward transfer
  68. 44 Resolution company: reverse property transfer
  69. 44A Bail in: reverse property transfer
  70. 44B Property transfer instruments: special bail-in provision
  71. 44BA Property transfer instruments and special bail-in provision: supplementary matters
  72. 44C Report on special bail-in provision
  73. 44D Bridge bank: supplemental property transfer powers
  74. 44E Bridge bank: supplemental reverse property transfer powers
  75. 45 Temporary public ownership: property transfer
  76. 46 Temporary public ownership: reverse property transfer
  77. 47 Restriction of partial transfers
  78. 48 Power to protect certain interests
  79. 48A Creation of liabilities
  80. 48B Special bail-in provision
  81. 48C Meaning of “protected deposit”
  82. 48D General interpretation of section 48B
  83. 48E Report on special bail-in provision
  84. 48F Power to amend definition of “excluded liabilities”
  85. 48G Priority between creditors
  86. 48H Business reorganisation plans
  87. 48I Bail-in administrator: further functions
  88. 48J Bail-in administrator: supplementary
  89. 48K Bail-in administrator: money
  90. 48L Powers in relation to securities
  91. 48M Termination rights, etc
  92. 48N Directors and senior managers
  93. 48O Directions in or under resolution instrument
  94. 48P Orders for safeguarding certain financial arrangements
  95. 48Q Continuity
  96. 48R Execution and registration of instruments etc
  97. 48S Resolution instruments: general matters
  98. 48T Procedure
  99. 48U Supplemental resolution instruments
  100. 48V Onward transfer
  101. 48W Reverse transfer
  102. 48WA Bail-in option: recovery of expenses
  103. 48X Replacement of Bank’s provisional valuation
  104. 48Y Consequences of a replacement valuation
  105. 48Z Termination rights etc
  106. 49 Orders
  107. 50 Sale to private sector purchaser
  108. 51 Transfer to temporary public ownership
  109. 52 Transfer to resolution company
  110. 52A Bail-in option
  111. 53 Onward and reverse transfers etc
  112. 54 Independent valuer: compensation scheme order or bail-in compensation order
  113. 55 Independent valuer: supplemental
  114. 56 Independent valuer: money
  115. 57 Valuation principles
  116. 58 Resolution fund
  117. 59 Third party compensation: discretionary provision
  118. 60 Third party compensation: mandatory provision
  119. 60A Further mandatory provision: bail-in provision
  120. 60B Principle of no less favourable treatment
  121. 61 Sources of compensation
  122. 62 Procedure
  123. 62A Independent valuer: sections 6E and 48X
  124. 62B Resolution administrator
  125. 62C Resolution administrator: further functions
  126. 62D Resolution administrator: supplementary
  127. 62E Resolution administrator: money
  128. 63 General continuity obligation: property transfers
  129. 64 Special continuity obligations: property transfers
  130. 65 Continuity obligations: onward property transfers
  131. 66 General continuity obligation: share transfers
  132. 67 Special continuity obligations: share transfers
  133. 68 Continuity obligations: onward share transfers
  134. 69 Continuity obligations: consideration and terms
  135. 70 Continuity obligations: termination
  136. 70A Suspension of obligations
  137. 70B Restriction of security interests
  138. 70C Suspension of termination rights
  139. 70D Suspension: general provisions
  140. 71 Pensions
  141. 72 Enforcement
  142. 73 Disputes
  143. 74 Tax
  144. 75 Power to change law
  145. 76 International obligation notice: general
  146. 77 International obligation notice: resolution company
  147. 78 Public funds: general
  148. 78A Pre-conditions for financial assistance: duty of Bank to give information
  149. 79 Public funds: resolution company
  150. 79A Private sector purchaser: report
  151. 80 Resolution company: report
  152. 80A Transfer for bail-in purposes: report
  153. 81 Temporary public ownership: report
  154. 81A Accounting information to be included in reports under sections 80, 80A(2)(b) and 81
  155. 81AA Cases where mandatory write-down, conversion etc applies: banking group companies
  156. 81B Sale to commercial purchaser and transfer to bridge bank
  157. 81ZZBA Sale to commercial purchaser and transfer to bridge bank: supplemental powers in relation to certain holding companies
  158. 81ZZBB Assessment of conditions for section 81ZZBA
  159. 81ZBA Transfer to asset management vehicle
  160. 81ZBB Transfer to asset management vehicle: supplemental powers in relation to certain holding companies
  161. 81ZBC Assessment of conditions for section 81ZBB
  162. 81BA Bail-in option
  163. 81BB Bail-in option: supplemental powers in relation to certain holding companies
  164. 81BC Assessment of conditions for section 81BB
  165. 81C Sections 81AA to 81ZBB: supplemental
  166. 81CA Section 81BA and Section 81BB: supplemental
  167. 81D Interpretation: “banking group company” &c.
  168. 82 Temporary public ownership
  169. 83 Supplemental
  170. 83ZA Information
  171. 83ZB Reports by skilled persons
  172. 83ZC Appointment of persons to carry out general investigations
  173. 83ZD Appointment of person to carry out investigations in particular cases
  174. 83ZE Investigations etc in support of foreign resolution authorities
  175. 83ZF Investigations: general
  176. 83ZG Powers of persons appointed under section 83ZC
  177. 83ZH Powers of persons appointed as a result of section 83ZD
  178. 83ZI Admissibility of statements made to investigators
  179. 83ZJ Information and documents: supplemental provision
  180. 83ZK Protected items
  181. 83ZL Entry of premises under warrant
  182. 83ZM Retention of documents obtained under section 83ZL
  183. 83ZN Offences etc
  184. 83ZO Prosecution of offences under section 83ZN
  185. 83ZP Offences under section 83ZN by bodies corporate etc
  186. 83ZQ Injunctions: prevent failure to comply with relevant requirement
  187. 83ZR Regulatory sanctions
  188. 83ZS Determination of sanctions
  189. 83ZT Procedure: warning notice
  190. 83ZU Procedure: decision notice
  191. 83ZV Procedure: general
  192. 83ZW Appeal
  193. 83ZX Injunctions: failure to comply with certain section 83ZR sanctions
  194. 83ZY Publication
  195. 83ZZ Co-operation
  196. 83Z1 Delegation of enforcement functions
  197. 83Z2 Enforcement: share transfer orders
  198. 83A Modifications of Part
  199. 84 Application of Part 1: general
  200. 84ZA Bridge bank: share transfer instruments
  201. 84A Bail-in option: building societies
  202. 84B Further provision: conversion of building society into company
  203. 84C Further provision: transfer of business of building society to company
  204. 84D Transfer to a bridge bank or Bail-in option: modifications of this Act and other legislation
  205. 85 Temporary public ownership
  206. 86 Distribution of assets on dissolution or winding up
  207. 87 Interpretation
  208. 88 Consequential provision
  209. 89 Credit unions
  210. 89A Application to investment firms
  211. 89B Application to recognised central counterparties
  212. 89C Recognised central counterparty rules
  213. 89D Recognised central counterparty membership
  214. 89E Recognition of transferee company
  215. 89F Recognised central counterparty compensation orders
  216. 89G Interpretation: “recognised central counterparty” &c.
  217. 89H Recognition of third-country resolution actions
  218. 89I Effect of recognition of third-country resolution action by Bank of England
  219. 89J Third-country instruments: supplementary provision
  220. 89JA Resolution of UK branches of third-country institutions
  221. 89K Insolvency Proceedings
  222. 89L Restrictions on disclosure of confidential information
  223. 89M Giving of notices, documents etc under Part 1
  224. 90 Overview
  225. 91 Interpretation: “bank”
  226. 92 Interpretation: “the court”
  227. 93 Interpretation: other expressions
  228. 94 The order
  229. 95 Application
  230. 96 Grounds for applying
  231. 97 Grounds for making
  232. 98 Commencement
  233. 99 Objectives
  234. 100 Liquidation committee
  235. 101 Liquidation committee: supplemental
  236. 102 Objective 1: (a) or (b)?
  237. 103 General powers, duties and effect
  238. 104 Additional general powers
  239. 105 Status of bank liquidator
  240. 106 Term of appointment
  241. 107 Resignation
  242. 108 Removal by court
  243. 109 Removal by creditors
  244. 110 Disqualification
  245. 111 Release
  246. 112 Replacement
  247. 113 Company voluntary arrangement
  248. 114 Administration
  249. 115 Dissolution
  250. 116 Dissolution: supplemental
  251. 117 Bank insolvency as alternative order
  252. 118 Voluntary winding-up
  253. 119 Exclusion of other procedures
  254. 120 Notice to PRA of preliminary steps
  255. 120A Notice to the regulators and the Bank of England of preliminary steps
  256. 121 Disqualification of directors
  257. 122 Application of insolvency law
  258. 123 Role of FSCS
  259. 124 Transfer of accounts
  260. 125 Rules
  261. 126 Fees
  262. 127 Insolvency Services Account
  263. 128 Evidence
  264. 129 Co-operation between courts
  265. 129A Banks not regulated by PRA
  266. 130 Building societies
  267. 131 Credit unions
  268. 132 Partnerships
  269. 133 Scottish partnerships
  270. 134 Northern Ireland
  271. 135 Consequential provision
  272. 136 Overview
  273. 137 Objectives
  274. 138 Objective 1: supporting private sector purchaser or resolution company
  275. 139 Objective 1: duration
  276. 140 Objective 2: “normal” administration
  277. 141 Bank administration order
  278. 142 Application
  279. 143 Grounds for applying
  280. 144 Grounds for making
  281. 145 General powers, duties and effect
  282. 145A Power to direct bank administrator
  283. 146 Status of bank administrator
  284. 147 Administrator's proposals
  285. 148 Sharing information
  286. 149 General application of this Part
  287. 150 Resolution company to private purchaser
  288. 151 Property transfer from resolution company
  289. 152 Property transfer from temporary public ownership
  290. 152A Property transfer from transferred institution
  291. 153 Successful rescue
  292. 154 Winding-up or voluntary arrangement
  293. 155 Disqualification of directors
  294. 156 Application of other law
  295. 157 Other processes
  296. 157A Banks not regulated by PRA
  297. 158 Building societies
  298. 159 Credit unions
  299. 159A Application to investment firms
  300. 160 Rules
  301. 161 Fees
  302. 162 Evidence
  303. 163 Partnerships
  304. 164 Scottish partnerships
  305. 165 Co-operation between courts
  306. 166 Interpretation: general
  307. 167 Northern Ireland
  308. 168 Consequential provision
  309. 169 Overview
  310. 171 Special resolution regime
  311. 173 Borrowing from National Loans Fund
  312. 174 Procedure for claims
  313. 175 Rights in insolvency
  314. 176 Information
  315. 177 Payments in error
  316. 178 Regulations
  317. 179 Delegation of functions
  318. 180 Functions under this Act
  319. 181 Overview
  320. 182 Interpretation: ... key terms
  321. 183 Interpretation: other expressions
  322. 184 Recognition order : payment system
  323. 184A Recognition order: DSA service provider
  324. 185 Recognition criteria : payment system
  325. 185A Recognition criteria: DSA service provider
  326. 186 Procedure
  327. 186A Amendment of recognition order
  328. 187 De-recognition
  329. 188 Principles
  330. 189 Codes of practice
  331. 190 System rules
  332. 190A Service provider rules
  333. 191 Directions
  334. 192 Role of FCA and PRA
  335. 192A Power of Bank to require FCA to refrain from specified action
  336. 193 Inspection
  337. 194 Inspection: warrant
  338. 195 Independent report
  339. 196 Compliance failure
  340. 197 Publication
  341. 198 Penalty
  342. 199 Closure
  343. 200 Management disqualification
  344. 201 Warning
  345. 202 Appeal
  346. 202A Injunctions
  347. 203 Fees
  348. 203A Records
  349. 203B Annual report
  350. 203C Policy statement
  351. 204 Information
  352. 205 Pretending to be recognised
  353. 206 Saving for informal oversight
  354. 206A Service providers
  355. 206AA Service providers connected with a recognised payment system that uses digital settlement assets
  356. 206B International obligations
  357. 206C Overview and purpose
  358. 206D Policy statement
  359. 206E Interpretation: “wholesale cash distribution”
  360. 206F Interpretation: other terms
  361. 206G Wholesale cash oversight orders
  362. 206H “Market significance” and “systemic significance”
  363. 206I Procedure
  364. 206J Amendment or revocation of a wholesale cash oversight order
  365. 206K Principles
  366. 206L Codes of practice
  367. 206M Directions
  368. 206N Role of the FCA, PRA and Payment Systems Regulator
  369. 206O Inspection
  370. 206P Inspection: warrant
  371. 206Q Independent report
  372. 206R Compliance failure
  373. 206S Publication
  374. 206T Penalty
  375. 206U Closure
  376. 206V Management disqualification
  377. 206W Warning
  378. 206X Appeal
  379. 206Y Injunctions
  380. 206Z Fees
  381. 206Z1 Records
  382. 206Z2 Annual report
  383. 206Z3 Requirement to provide information
  384. 206Z4 Disclosure of information
  385. 206Z5 Saving for informal oversight
  386. 206Z6 Power to disapply regulation and enforcement provisions
  387. 207 Overview
  388. 208 “Banknote”
  389. 209 “Issue”
  390. 210 “Authorised bank”
  391. 211 “Commencement”
  392. 212 Repeal of old authorising enactments
  393. 213 Authorisation to issue banknotes
  394. 214 Consequential repeals and amendments
  395. 214A Power to designate banks as “authorised banks”
  396. 215 Banknote regulations
  397. 216 Banknote rules
  398. 217 Backing assets
  399. 218 Information
  400. 219 Ceasing the business of issuing notes
  401. 220 Insolvency, &c.
  402. 221 Offence: unlawful issue
  403. 222 Financial penalty
  404. 223 Termination of right to issue
  405. 224 Application to court
  406. 225 Organisation
  407. 226 Discretionary functions
  408. 227 Exemption
  409. 228 Consolidated Fund
  410. 229 National Loans Fund
  411. 230 “Financial institution”
  412. 231 Reports
  413. 232 Definition
  414. 233 Insolvency regulations
  415. 234 Regulations: details
  416. 235 Regulations: procedure
  417. 236 Review
  418. 237 Compensation: valuer
  419. 238 UK financial stability
  420. 239 Number of directors
  421. 240 Meetings
  422. 241 Chair of court
  423. 242 Quorum
  424. 243 Tenure
  425. 244 Immunity
  426. 245 Weekly return
  427. 246 Information
  428. 247 Bank of England Act 1946
  429. 248 Variation of permission
  430. 249 Functions
  431. 250 Information
  432. 251 Financial assistance to building societies
  433. 252 Registration of charges
  434. 253 Registration of charges: Scotland
  435. 254 Abolition for cheques
  436. 255 Regulations
  437. 256 Supplemental
  438. 256A State aid
  439. 256B Bank of England” and “Prudential Regulation Authority”
  440. 257 “Financial assistance”
  441. 258 “Enactment”
  442. 258A Investment firm”
  443. 259 Statutory instruments
  444. 260 Money
  445. 261 Index of defined terms
  446. 262 Repeal
  447. 263 Commencement
  448. 264 Extent
  449. 265 Short title

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449 provisions

206G Wholesale cash oversight orders

(1) The Treasury may by order (a “wholesale cash oversight order”) specify a person as a recognised person for the purposes of this Part. (2) A person may be specified only if the person— (a) performs a relevant function in relation to a wholesale cash distribution activity, and (b) is recognised as having market significance (see section 206H). (3) The following are relevant functions in relation to a wholesale cash distribution activity— (a) undertaking the activity; (b) managing the activity; (c) providing a service in relation to the activity; (d) providing financial assistance in relation to the activity. (4) A wholesale cash oversight order must specify in as much detail as is reasonably practicable— (a) each wholesale cash distribution activity in relation to which the specified person performs a relevant function, and (b) each relevant function the person performs. (5) The Treasury may not make a wholesale cash oversight order in respect of an issuing authority or the Mint.

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206H “Market significance” and “systemic significance”

(1) A wholesale cash oversight order must specify whether the person in respect of whom the order is made is recognised— (a) as having market significance only, or (b) as also having systemic significance. (2) The Treasury may recognise a person as having market significance only if satisfied that any significant deficiency in, or disruption to, the performance of the person’s relevant functions in relation to wholesale cash distribution activities would be likely to undermine the effectiveness, resilience, or sustainability of wholesale cash distribution— (a) throughout the United Kingdom, or (b) throughout any part of the United Kingdom. (3) The Treasury may recognise a person as having systemic significance only if satisfied that any significant deficiency in, or disruption to, the performance of the person’s relevant functions in relation to wholesale cash distribution activities would be likely (in addition to the consequences mentioned in subsection (2))— (a) to threaten the stability of, or confidence in, the UK financial system, or (b) to have serious consequences for business or other interests throughout the United Kingdom or any part of the United Kingdom. (4) Where a person is part of a group, the Treasury may have regard to functions performed by other members of the group when determining matters mentioned in subsection (2) or (3). (5) In subsection (4), “group” has the meaning given by section 421 of the Financial Services and Markets Act 2000. (6) The Treasury must not recognise a company wholly owned by the Crown as having systemic significance.

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206I Procedure

(1) Before making a wholesale cash oversight order in respect of a person the Treasury must— (a) consult the Bank of England, (b) notify the person, and (c) consider any representations made. (2) In addition, the Treasury must— (a) consult the FCA before making a wholesale cash oversight order in respect of a person who is, or has applied to be, an FCA-regulated person; (b) consult the PRA before making a wholesale cash oversight order in respect of a person who has, or has applied for, Part 4A permission for the carrying on of a PRA-regulated activity; (c) consult the Payment Systems Regulator before making a wholesale cash oversight order in respect of a person who is a participant in a regulated payment system. (3) In subsection (2)(c), “participant” and “regulated payment system” have the same meanings as in Part 5 of the Financial Services (Banking Reform) Act 2013 (see section 110 of that Act). (4) In considering whether to make the order, the Treasury may rely on information provided by— (a) the Bank of England; (b) the FCA; (c) the PRA; (d) the Payment Systems Regulator.

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206J Amendment or revocation of a wholesale cash oversight order

(1) The Treasury may amend or revoke a wholesale cash oversight order. (2) The Treasury must revoke a wholesale cash oversight order if no longer satisfied that the person specified in the order— (a) performs a relevant function in relation to a wholesale cash distribution activity, and (b) has market significance. (3) If a person is specified in a wholesale cash oversight order as having systemic significance, the Treasury must amend the order (so that the person is specified as having market significance only) if— (a) satisfied that the person continues to have market significance, but (b) no longer satisfied that the person has systemic significance. (4) Subject to subsections (2) and (3), the Treasury must consider any request by a person specified in a wholesale cash oversight order for the amendment or revocation of the order. (5) Section 206I (procedure) applies to the amendment or revocation of a wholesale cash oversight order as it applies to the making of the order.

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206K Principles

(1) The Bank of England may publish principles to which recognised persons must have regard in performing relevant functions in relation to wholesale cash distribution activities. (2) Different principles may be published in relation to— (a) different wholesale cash distribution activities; (b) different relevant functions; (c) persons recognised as having market significance only and persons recognised as also having systemic significance. (3) Before publishing such principles, the Bank must— (a) consult such persons as appear to the Bank to be representative of persons likely to be affected by the principles, and (b) obtain the approval of the Treasury.

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206L Codes of practice

(1) The Bank of England may publish codes of practice about the performance by recognised persons of relevant functions in relation to wholesale cash distribution activities. (2) Different codes of practice may be published in relation to— (a) different wholesale cash distribution activities; (b) different relevant functions; (c) persons recognised as having market significance only and persons recognised as also having systemic significance. (3) Before publishing a code of practice, the Bank of England must consult such persons as appear to the Bank to be representative of persons likely to be affected by the code.

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206M Directions

(1) The Bank of England may give directions in writing to a recognised person. (2) A direction may— (a) require or prohibit the taking of specified action in relation to the performance of a specified relevant function in relation to a specified wholesale cash distribution activity; (b) set standards to be met in the performance of a specified relevant function in relation to a specified wholesale cash distribution activity. (3) Subsection (4) applies if a direction is given to a recognised person for the purpose of resolving or reducing a threat to the stability of the UK financial system. (4) The recognised person (including the recognised person’s officers and staff) has immunity from liability in damages in respect of action or inaction in accordance with the direction. (5) A direction given for the purpose mentioned in subsection (3) must— (a) include a statement that it is given for that purpose, and (b) inform the recognised person of the effect of subsection (4). (6) The Treasury may by regulations confer immunity on any person from liability in damages in respect of action or inaction in accordance with a direction under this section (including a direction given for the purpose mentioned in subsection (3)). (7) Regulations under subsection (6)— (a) are to be made by statutory instrument, and (b) are subject to annulment in pursuance of a resolution of either House of Parliament. (8) An immunity conferred by or under this section does not extend to action or inaction— (a) in bad faith, or (b) in contravention of section 6(1) of the Human Rights Act 1998. (9) In this section, “specified” means specified in the direction.

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206N Role of the FCA, PRA and Payment Systems Regulator

(1) In exercising powers under this Part, the Bank of England must have regard to any action that the FCA, PRA or Payment Systems Regulator has taken or could take. (2) The Bank of England must— (a) consult the FCA before taking action under this Part in respect of a person who is, or has applied to be, an FCA-regulated person; (b) consult the PRA before taking action under this Part in respect of a person who has, or has applied for, Part 4A permission for the carrying on of a PRA-regulated activity; (c) consult the Payment Systems Regulator before taking action under this Part in respect of a participant in a regulated payment system. (3) In subsection (2)(c), “participant” and “regulated payment system” have the same meanings as in Part 5 of the Financial Services (Banking Reform) Act 2013 (see section 110 of that Act). (4) If the FCA, PRA or Payment Systems Regulator gives the Bank of England notice that it is considering taking action in respect of a person mentioned in subsection (2), the Bank may not take action under this Part in respect of the person unless— (a) the FCA, PRA or Payment Systems Regulator (as the case may be) consents, or (b) the notice is withdrawn.

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206O Inspection

(1) The Bank of England may appoint one or more persons to inspect the performance by a recognised person of a relevant function in relation to a wholesale cash distribution activity. (2) A recognised person who performs a relevant function in relation to a wholesale cash distribution activity must— (a) grant an inspector access, on request and at any reasonable time, to premises on or from which any part of the function is performed, and (b) otherwise co-operate with an inspector.

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206P Inspection: warrant

(1) A justice of the peace may, on the application of an inspector appointed under section 206O, issue a warrant entitling an inspector or a constable to enter premises if— (a) there is performed on the premises any part of a relevant function in relation to a wholesale cash distribution activity, and (b) any of the following conditions is satisfied. (2) Condition 1 is that— (a) a requirement under section 206Z3 (information) in relation to the relevant function has not been complied with, and (b) there is reason to believe that information relevant to the requirement is on the premises. (3) Condition 2 is that there is reason to suspect that if a requirement under section 206Z3 were imposed in relation to the relevant function in respect of information on the premises— (a) the requirement would not be complied with, and (b) the information would be destroyed or otherwise tampered with. (4) Condition 3 is that an inspector— (a) gave reasonable notice of a wish to enter the premises, and (b) was refused entry. (5) Condition 4 is that a person occupying or managing the premises has failed to co-operate with an inspector. (6) A warrant— (a) permits an inspector or a constable to enter the premises, (b) permits an inspector or a constable to search the premises and copy or take possession of information or documents, and (c) permits a constable to use reasonable force. (7) Sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 (warrants: procedure) apply to warrants under this section. (8) In the application of this section to Scotland— (a) the reference to a justice of the peace includes a reference to a sheriff, and (b) ignore subsection (7). (9) In the application of this section to Northern Ireland— (a) the reference to a justice of the peace is a reference to a lay magistrate, and (b) the reference to sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 is a reference to the equivalent provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989.

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206Q Independent report

(1) The Bank of England may require a recognised person who performs a relevant function in relation to a wholesale cash distribution activity to appoint an expert to report on the performance of the function. (2) The Bank may impose a requirement only if it thinks— (a) the person is not having sufficient regard to principles published by the Bank under section 206K, (b) the person is failing to comply with a code of practice under section 206L, or (c) the report is likely for any other reason to assist the Bank in the performance of its functions under this Part. (3) The Bank may impose requirements about— (a) the nature of the expert to be appointed; (b) the content of the report; (c) treatment of the report (including disclosure and publication); (d) timing.

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206R Compliance failure

In this Part “compliance failure” means a failure by a recognised person to— (a) comply with a code of practice under section 206L, (b) comply with a direction under section 206M, or (c) ensure compliance with a requirement under section 206Q (independent reports).

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206S Publication

The Bank of England may publish details of— (a) a compliance failure by a recognised person; (b) a sanction imposed under sections 206T to 206V.

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206T Penalty

(1) The Bank of England may require a recognised person to pay a penalty in respect of a compliance failure. (2) A penalty— (a) must be paid to the Bank, and (b) may be enforced by the Bank as a civil debt owed to the Bank. (3) The Bank must prepare a statement of the principles which it will apply in determining— (a) whether to impose a penalty, and (b) the amount of a penalty. (4) The Bank must— (a) publish the statement on its website, (b) send a copy to the Treasury, (c) review the statement from time to time and revise it if necessary (and paragraphs (a) and (b) apply to a revision), and (d) in applying the statement to a compliance failure, apply the version in force when the failure occurred.

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206U Closure

(1) This section applies if the Bank of England thinks that a compliance failure by a person recognised for the purposes of this Part as having systemic significance— (a) threatens the stability of, or confidence in, the UK financial system, or (b) has serious consequences for business or other interests throughout the United Kingdom. (2) The Bank may give the person an order (a “closure order”) to stop performing specified relevant functions in relation to specified wholesale cash distribution activities— (a) for a specified period, (b) until further notice, or (c) permanently. (3) Before giving a closure order to a recognised person, the Bank must have regard to the public interest in the continued performance by the person of relevant functions (whether or not specified) in relation to wholesale cash distribution activities (whether or not specified). (4) A recognised person who fails to comply with a closure order commits an offence. (5) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on summary conviction in Northern Ireland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment, to a fine. (6) In this section, “specified” means specified in the closure order.

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206V Management disqualification

(1) The Bank of England may by order prohibit a specified person from holding an office or position involving responsibility for taking decisions about the management of a recognised person— (a) for a specified period, (b) until further notice, or (c) permanently. (2) A person who breaches a prohibition under subsection (1) commits an offence. (3) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on summary conviction in Northern Ireland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment, to a fine. (4) In this section, “specified” means specified in the order.

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206W Warning

(1) Before imposing a sanction on a person the Bank of England must— (a) give the person a notice (“a warning notice”), (b) give the person at least 21 days from the date of the notice to make representations, (c) consider any representations made, and (d) as soon as reasonably practicable, give the person a notice stating whether the Bank intends to impose the sanction. (2) In subsection (1), “imposing a sanction” means— (a) publishing details under section 206S; (b) requiring the payment of a penalty under section 206T; (c) giving a closure order under section 206U; (d) making an order under section 206V. (3) Despite subsection (1), if satisfied that it is necessary, the Bank may without notice— (a) give a closure order under section 206U, or (b) make an order under section 206V.

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206X Appeal

(1) Where the Bank of England notifies a person under section 206W(1) that it intends to impose a sanction, the person may appeal to the Upper Tribunal. (2) Where the Bank imposes a sanction on a person without notice in reliance on section 206W(3), the person may appeal to the Upper Tribunal. (3) The Bank of England may not impose a sanction while an appeal under this section could be brought or is pending.

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206Y Injunctions

(1) If, on the application of the Bank of England, the court is satisfied— (a) that there is a reasonable likelihood that there will be a compliance failure, or (b) that there has been a compliance failure and there is a reasonable likelihood that it will continue or be repeated, the court may make an order restraining the conduct constituting the failure. (2) If, on the application of the Bank of England, the court is satisfied— (a) that there has been a compliance failure by a recognised person, and (b) that there are steps which could be taken for remedying the failure, the court may make an order requiring the recognised person, and any other person who appears to have been knowingly concerned in the failure, to take such steps as the court may direct to remedy it. (3) If, on the application of the Bank of England, the court is satisfied— (a) that there may have been a compliance failure by a recognised person, or (b) that any other person may have been knowingly concerned in a compliance failure, the court may make an order restraining the person from dealing with any assets which it is satisfied the person is reasonably likely to deal with. (4) The jurisdiction conferred by this section is exercisable— (a) in England and Wales and Northern Ireland, by the High Court; (b) in Scotland, by the Court of Session. (5) In this section— (a) references to an order restraining anything are, in Scotland, to be read as references to an interdict prohibiting that thing; (b) references to an order requiring steps to be taken are, in Scotland, to be read as references to an order for specific performance under section 45 of the Court of Session Act 1988; (c) references to remedying a failure include mitigating its effect; (d) references to dealing with assets include disposing of them.

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206Z Fees

(1) The Bank of England may require a recognised person to pay fees. (2) A requirement under subsection (1) must relate to a scale of fees approved by the Treasury by regulations. (3) Regulations under subsection (2)— (a) are to be made by statutory instrument, and (b) are subject to annulment in pursuance of a resolution of either House of Parliament. (4) A requirement under subsection (1) may be enforced by the Bank as a civil debt owed to the Bank.

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206Z1 Records

The Bank of England must maintain satisfactory arrangements for— (a) recording decisions made in the exercise of functions under this Part, and (b) the safe-keeping of those records which it considers ought to be preserved.

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206Z2 Annual report

(1) At least once a year the Bank of England must make a report to the Treasury on— (a) the discharge of its functions under this Part, and (b) such other matters as the Treasury may from time to time direct. (2) A report on the discharge of the Bank’s functions under this Part must, in particular, include the Bank’s opinion as to— (a) the extent to which risks to the effectiveness, resilience and sustainability of wholesale cash distribution throughout the United Kingdom, or throughout any part of the United Kingdom, have been managed, and (b) the extent to which, in relation to the exercise of functions in relation to persons recognised as having systemic significance, risks to the stability of the UK financial system have been managed. (3) This section does not require the inclusion in a report of any information the publication of which would, in the opinion of the Bank, be against the public interest. (4) The Treasury must lay before Parliament a copy of each report received under this section.

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206Z3 Requirement to provide information

(1) The Bank of England may by notice in writing require a person to provide information— (a) which the Bank thinks will help the Treasury in determining whether to make a wholesale cash oversight order, or (b) which the Bank otherwise requires in connection with its functions under this Part. (2) The Bank of England may by notice in writing require a person who performs a relevant function in relation to wholesale cash distribution activity to provide information which the Bank requires in connection with the exercise of its functions (whether under this Part or otherwise) in pursuance of— (a) the purpose mentioned in section 206C(2), or (b) the Bank’s Financial Stability Objective (see section 2A of the Bank of England Act 1998). (3) In particular, a notice under subsection (1) or (2) may require the person to notify the Bank if events of a specified kind occur. (4) A notice under subsection (1) or (2) may require information to be provided— (a) in a specified form or manner; (b) at, or by, a specified time; (c) in respect of a specified period. (5) It is an offence— (a) to fail without reasonable excuse to comply with a requirement under this section; (b) knowingly or recklessly to give false information in pursuance of this section. (6) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on summary conviction in Northern Ireland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment, to a fine. (7) In this section, “specified” means specified in the notice.

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206Z4 Disclosure of information

(1) The Bank of England may disclose information obtained by virtue of section 206Z3 to— (a) the Treasury; (b) the FCA; (c) the PRA; (d) the Mint. (2) Subsection (1)— (a) overrides a contractual or other requirement to keep information in confidence, and (b) is without prejudice to any other power to disclose information. (3) The Treasury may by regulations— (a) permit the disclosure by the Bank of information obtained by virtue of section 206Z3 to specified persons; (b) permit the publication of specified information and make provision about the manner and extent of publication. (4) In subsection (3), “specified” means specified in the regulations. (5) Regulations under subsection (3)— (a) are to be made by statutory instrument, and (b) are subject to annulment in pursuance of a resolution of either House of Parliament.

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206Z5 Saving for informal oversight

Nothing in this Part prevents the Bank of England— (1) from having dealings with persons who are not recognised persons for the purposes of this Part; (a) from having dealings with recognised persons other than through the provisions of this Part.

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206Z6 Power to disapply regulation and enforcement provisions

(1) The Treasury may by regulations provide for any provision of sections 206K to 206Z4 not to apply (insofar as it would otherwise do so), or to apply with modifications, in relation to recognised persons that are companies wholly owned by the Crown. (2) Regulations under subsection (1) may modify legislation (including any provision of, or made under, this Act). (3) In subsection (2)— “legislation” means primary legislation, subordinate legislation (within the meaning of the Interpretation Act 1978) and assimilated direct legislation, but does not include rules or other instruments made by any regulator; “modify” includes amend, repeal or revoke. (4) Before making regulations under this section, the Treasury must consult the Bank of England. (5) Regulations under subsection (1)— (a) are to be made by statutory instrument, and (b) may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

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207 Overview

This Part— (a) repeals existing provisions about permission to issue banknotes in Scotland and Northern Ireland, and (b) replaces the provisions, but only for authorised banks (see section 210).

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208 “Banknote”

In this Part “banknote” means a promissory note, bill of exchange or other document which— (a) records an engagement to pay money, (b) is payable to the bearer on demand, and (c) is designed to circulate as money.

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209 “Issue”

(1) For the purposes of this Part a banknote is issued when it passes— (a) from a person who holds it not as bearer but as a person carrying on the business of banking (“the issuing bank”), and (b) to a person taking as bearer (“the bearer”). (2) In subsection (1)(a) the reference to a banknote passing from the issuing bank includes a reference to it passing— (a) from the issuing bank's agent, or (b) from a person printing or preparing the banknote for, or taking it to, the issuing bank or its agent. (3) For the purposes of subsection (1)(b) it does not matter whether the bearer also holds the banknote for use in the business of banking.

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210 “Authorised bank”

In this Part “authorised bank” means (a) a bank which immediately before commencement was authorised to issue banknotes in Scotland or Northern Ireland (unless by virtue of regulations under section 214A it is no longer an authorised bank for the purposes of this Part), or (b) a bank which is designated as an authorised bank for the purposes of this Part by regulations under section 214A(1)(a).

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211 “Commencement”

In this Part “commencement” means the date set for the coming into force of section 212 (under the commencement power in section 263).

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212 Repeal of old authorising enactments

The following shall cease to have effect— (a) section 1 of the Bank Notes (Scotland) Act 1845 (authorisation to issue banknotes), and (b) section 8 of the Bankers (Ireland) Act 1845 (authorisation to issue banknotes).

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213 Authorisation to issue banknotes

(1) An authorised bank within section 210(a) may continue to issue banknotes after commencement, but only— (a) in accordance with the provisions of this Part, and (b) in the part of the United Kingdom in which it was authorised to issue banknotes before commencement. (2) An authorised bank within section 210(b) may issue banknotes, but only— (a) in accordance with the provisions of this Part, and (b) in the part of the United Kingdom which is specified in relation to the bank in regulations under section 214A(1)(b).

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214 Consequential repeals and amendments

(1) In the Bankers (Ireland) Act 1845— (a) sections 9 to 23 cease to have effect, (b) in section 26 for “except the Bank Notes of such Bankers as are hereby authorised to continue to issue Bank Notes as aforesaid” substitute “ except banknotes issued in reliance on section 213 of the Banking Act 2009 ”, (c) section 28 ceases to have effect, and (d) Schedules A and B cease to have effect. (2) In the Bank Notes (Scotland) Act 1845— (a) every section ceases to have effect except for sections 16, 18, 21 and 22, and (b) in section 18 for “except the Bank Notes of such Bankers as are hereby authorised to continue to issue Bank Notes as aforesaid” substitute “ except banknotes issued in reliance on section 213 of the Banking Act 2009 ”. (3) The following cease to have effect— (a) section 12 of the Bank Charter Act 1844, (b) section 9 of the Currency and Bank Notes Act 1928, (c) sections 1 and 3 of, and the Schedule to, the Bankers (Northern Ireland) Act 1928, and (d) in the Coinage Act 1971— (i) section 12(4)(b) and (c), and (ii) in Schedule 2 the entries relating to— (a) the Bankers (Ireland) Act 1845, (b) the Bank Notes (Scotland) Act 1845, and (c) section 3 of the Bankers (Northern Ireland) Act 1928.

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214A Power to designate banks as “authorised banks”

(1) The Treasury may by regulations— (a) specify a bank which on and after the designation date is designated as an authorised bank for the purposes of this Part, (b) specify a part of the United Kingdom in which the bank may issue banknotes, and (c) make provision about how the bank is to be identified on those banknotes. (2) Regulations under subsection (1)— (a) may only specify under paragraph (a) a bank (the newly authorised bank) which is in the same group as an authorised bank (the previously authorised bank) which has the right to rely on section 213; (b) may only specify under paragraph (b) the part of the United Kingdom in which the previously authorised bank is authorised to issue banknotes; (c) must procure that on and after the designation date the previously authorised bank is no longer an authorised bank for the purposes of this Part by— (i) in the case of a previously authorised bank within section 210(a), providing that it is no longer an authorised bank for the purposes of this Part; (ii) in the case of a previously authorised bank within section 210(b), revoking its designation; (d) must provide for the newly authorised bank to be treated as having issued any banknotes in circulation which were issued by the previously authorised bank; (e) must provide for the transfer of any rights or liabilities in relation to those banknotes to the newly authorised bank from the previously authorised bank; (f) may provide for anything done by or in relation to the previously authorised bank in connection with those banknotes to be treated as having been done by or in relation to the newly authorised bank for the purposes specified in the regulations; (g) may make further provision about banknotes issued by the previously authorised bank; (h) may make provision about banknotes held by or on behalf of the previously authorised bank which are not in circulation. (3) The reference in subsection (2)(d) and (g) to banknotes issued by the previously authorised bank includes a reference to banknotes which are to be treated as having been issued by that bank as a result of regulations made under subsection (1) (or any other enactment). (4) Regulations under subsection (1) must— (a) specify a date as the designation date, or (b) if no such date is specified, make provision for the designation date to be determined by the Treasury and published by the Treasury before the designation date in the appropriate Gazettes. (5) The appropriate Gazettes are the London Gazette and— (a) if the part of the United Kingdom specified under subsection (1)(b) is Scotland, the Edinburgh Gazette; (b) if the part of the United Kingdom specified under subsection (1)(b) is Northern Ireland, the Belfast Gazette. (6) Before specifying a bank under subsection (1)(a) the Treasury must obtain the consent of the Bank of England. (7) The Bank of England must prepare and publish a statement of the matters which it intends to take into account in deciding whether to give its consent. (8) The power to make regulations under this section— (a) is exercisable by statutory instrument; (b) includes a power to make transitory or saving provision; (c) includes a power to apply (with or without modifications) or disapply any provision of an Act or subordinate legislation whenever passed or made. (9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (10) For the purposes of this section— “bank” has the same meaning as in Part 1 (see section 2), “designation date” in relation to regulations under subsection (1) means the date specified or determined, as the case may be, in accordance with subsection (4), “group” has the meaning given by section 421 of the Financial Services and Markets Act 2000, and a banknote is in circulation from the time that it is issued by an authorised bank until the time that it is returned to the bank (or a bank which is treated as having issued it as a result of regulations made under subsection (1) or any other enactment).

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215 Banknote regulations

(1) The Treasury shall make regulations about the treatment, holding and issuing of banknotes by authorised banks (“banknote regulations”). (2) Banknote regulations— (a) shall be made by statutory instrument, and (b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

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216 Banknote rules

(1) Banknote regulations may require or permit the Bank of England to make rules (“banknote rules”) about any aspect of the treatment, holding or issuing of banknotes by authorised banks. (2) In particular, banknote regulations may require or permit banknote rules to do anything which banknote regulations may do. (3) Banknote rules— (a) may make provision generally or only for specified purposes, cases or circumstances, and (b) may make different provision for different purposes, cases or circumstances.

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217 Backing assets

(1) Banknote regulations must require authorised banks to have backing assets. (2) “Backing assets” means assets of a kind specified by banknote regulations; and the regulations may, in particular, specify— (a) banknotes issued by the Bank of England, (b) current coins of the United Kingdom, and (c) funds in a specified kind of account held with the Bank of England or with another specified institution or class of institution. (3) The regulations must— (a) require banknote rules to include provision for determining the value of backing assets to be held, (b) require backing assets in the form of banknotes to be held either— (i) by the Bank of England, or (ii) at one or more locations approved by the Bank of England, and (c) require backing assets held in the form of coins to be held at one or more locations approved by the Bank of England. (4) The regulations may make other provision about backing assets; including, in particular— (a) provision requiring a proportion of a bank's backing assets to consist of assets of a specified kind; (b) provision about the manner in which backing assets may or must be held; (c) provision about ownership of and interests in backing assets; (d) provision permitting backing assets to be held by an agent of an authorised bank. (5) Banknote regulations may make provision about the treatment of backing assets in relation to insolvency; in particular, the regulations may— (a) modify or disapply a provision or rule of law about insolvency; (b) protect backing assets from being treated in the same way as other assets of the bank; (c) provide for banknotes to be exchanged by bearers within a specified period; (d) allow the Treasury to extend the period for exchange; (e) provide for exchange to be funded from backing assets; (f) provide for the Bank of England to acquire or control a bank's backing assets for the purpose of administering arrangements for exchange. (6) In subsection (5) a reference to “insolvency” includes a reference to— (a) liquidation, (b) bank insolvency, (c) administration, (d) bank administration, (e) receivership, (f) a composition between a bank and its creditors, (g) a scheme of arrangement of a bank's affairs, and (h) a process under the law of a country or territory outside the United Kingdom which the Treasury identify, in banknote regulations, as serving a similar purpose to any of the processes listed in paragraphs (a) to (g).

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218 Information

(1) Banknote regulations or rules may make provision about— (a) reports to be made by an authorised bank in respect of the treatment, holding or issue of banknotes or in respect of compliance with banknote regulations or rules, and (b) information to be given by an authorised bank or an agent of an authorised bank. (2) Banknote regulations may make provision enabling the publication or disclosure of— (a) information provided in accordance with banknote regulations or rules; (b) details of anything done in contravention of this Part or banknote regulations or rules; (c) details of action taken under sections 221 to 224 (which may include details of the reason for the action and its result). (3) Her Majesty's Revenue and Customs shall transfer to the Bank of England any information acquired or held in connection with functions in respect of the issue of banknotes in Scotland or Northern Ireland. (4) The Bank of England may use information received in accordance with subsection (3) only for the purposes of its functions under or by virtue of this Part.

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219 Ceasing the business of issuing notes

(1) If an authorised bank at any time after commencement stops issuing banknotes, it may not resume issuing banknotes in reliance on section 213. (2) Banknote regulations or rules— (a) may specify procedures to be followed by an authorised bank that intends to stop issuing banknotes, and (b) may apply to an authorised bank for two years after it stops issuing banknotes.

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