Financial Services Act 2012
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Change 1
61 Treasury power of direction
(1) Subsection (2) applies where— (a) the power of direction is exercisable by virtue of section 60(2) by reference to a public funds notification and the Treasury are satisfied that Condition A is met, or (b) the power of direction is exercisable by virtue of section 60(3) by reference to the provision of qualifying financial assistance and the Treasury are satisfied that Condition A or Condition B is met. (2) The Treasury may give a direction to the Bank of England relating to one or more of the following— (a) the provision by the Bank to one or more financial institutions of financial assistance other than ordinary market assistance offered by the Bank on its usual terms, (b) the exercise by the Bank of any of the stabilisation powers, as defined by section 1(4) of the Banking Act 2009 or paragraph 1(4) of Schedule 11 to the Financial Services and Markets Act 2023 or the making by the Bank of a mandatory reduction instrument within the meaning of section 6B of the Banking Act 2009, or (c) the exercise by the Bank of its powers under Part 3 of that Act (bank administration). (3) Condition A is that the giving of the direction is necessary to resolve or reduce a serious threat to the stability of the financial system of the United Kingdom which is connected— (a) in case within subsection (1)(a), with the matters to which the public funds notification relates; (b) in a case within subsection (1)(b), with the matters that gave rise to the provision of the qualifying financial assistance. (4) Condition B is that— (a) the qualifying financial assistance was provided for the purpose of resolving or reducing a serious threat to the stability of the financial system of the United Kingdom, and (b) the giving of the direction is necessary to protect the public interest in connection with the provision of that assistance. (5) References to the provision of qualifying financial assistance are to be read in accordance with section 60(5). (6) This section is subject to section 62. (7) Nothing in this section limits the powers conferred by section 4(1) of the Bank of England Act 1946 (Treasury directions to the Bank).
61 Treasury power of direction
(1) Subsection (2) applies where— (a) the power of direction is exercisable by virtue of section 60(2) by reference to a public funds notification and the Treasury are satisfied that Condition A is met, or (b) the power of direction is exercisable by virtue of section 60(3) by reference to the provision of qualifying financial assistance and the Treasury are satisfied that Condition A or Condition B is met. (2) The Treasury may give a direction to the Bank of England relating to one or more of the following— (a) the provision by the Bank to one or more financial institutions of financial assistance other than ordinary market assistance offered by the Bank on its usual terms, (b) the exercise by the Bank of any of the stabilisation powers, as defined by section 1(4) of the Banking Act 2009 or paragraph 1(4) of Schedule 11 to the Financial Services and Markets Act 2023 or the making by the Bank of a mandatory reduction instrument within the meaning of section 6B of the Banking Act 2009, or (c) the exercise by the Bank of its powers under Part 3 of that Act (bank administration). (3) Condition A is that the giving of the direction is necessary to resolve or reduce a serious threat to the stability of the financial system of the United Kingdom which is connected— (a) in case within subsection (1)(a), with the matters to which the public funds notification relates; (b) in a case within subsection (1)(b), with the matters that gave rise to the provision of the qualifying financial assistance. (4) Condition B is that— (a) the qualifying financial assistance was provided for the purpose of resolving or reducing a serious threat to the stability of the financial system of the United Kingdom, and (b) the giving of the direction is necessary to protect the public interest in connection with the provision of that assistance. (5) References to the provision of qualifying financial assistance are to be read in accordance with section 60(5). (6) This section is subject to section 62. (7) Nothing in this section limits the powers conferred by section 4(1) of the Bank of England Act 1946 (Treasury directions to the Bank).
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