Financial Services and Markets Act 2023

Temporary manager: further provisions in relation to the appointment

Temporary manager: instrument of appointment

Right to refer matters to the Tribunal

Procedure

Removal of directors and senior managers and appointment of temporary manager: notice requirements

Transfer of property subsequent to resolution instrument

Restriction on remuneration: review and revocation

Special resolution objectives

Code of Practice

General conditions

Effect on other group members

Specific conditions: financial assistance cases

Resolution liaison panel

Restrictions on use of certain resolution powers

Pre-resolution valuation

Replacement of Bank’s provisional valuation

Independent valuer: valuation under paragraph 22 or 23

Independent valuer: supplemental

Consequences of a replacement valuation

Private sector purchaser

Private sector purchaser: marketing

Bridge central counterparty

Transfer of ownership

Tear-up power

Cash call power

Power to reduce variation margin payments

Write-down power

Powers in relation to securities

Report on provisions in write-down instrument

Priority between creditors

Power to take control

Shadow directors etc

Interpretation: “securities”

Share transfer instrument

Effect

Continuity

Conversion and delisting

Directors and senior managers

Ancillary instruments: production, registration, etc

Incidental provision

Procedure: instruments

Supplemental instruments

Onward transfer

Reverse share transfer

Bridge central counterparties: share transfers

Bridge central counterparties: reverse share transfer

Property transfer instrument

Disputes

Transferable property

Continuity

Directors and senior managers

Recognised central counterparty rules

Recognised central counterparty membership

Licences

Foreign property

Incidental provision

International obligation notice: general

Property transfer instrument: delisting

Transfer of property subsequent to resolution instrument

Supplemental instruments

Private sector purchaser: reverse property transfer

Onward transfer

Bridge central counterparties: reverse property transfer

Transfer of ownership and private sector purchaser: property transfer

Transfer of ownership: reverse property transfer

Bridge central counterparty: supplemental property transfer powers

Bridge central counterparty: supplemental reverse property transfer powers

Restriction of partial transfers

Power to protect certain interests

Creation of liabilities

Regulations for safeguarding certain financial arrangements: write-down instruments

Resolution instruments: effect and supplementary matters

Write-down instruments: supplementary

Resolution instruments: procedure

Supplemental resolution instruments

Directors and senior managers

Termination rights etc

Deferment

Recovery of expenses

Compensation scheme

Instruments: notification of members and creditors

General continuity obligation: property transfers

Special continuity obligations: property transfers

Continuity obligations: onward property transfers

General continuity obligation: share transfers

Special continuity obligations: share transfers

Continuity obligations: onward share transfers

Continuity obligations: consideration and terms

Continuity obligations: termination

Suspension of obligations

Giving of notices, documents etc under this Schedule

Suspension of termination rights

Suspension: general provision

Stay on terminating membership

Restriction on remuneration

Pensions

Disputes

Tax

Stay or sist of legal proceedings

Insolvency proceedings

Recognition of transferee company

International obligation notice: general

International obligation notice: bridge central counterparty

Public funds: general

Public funds: bridge central counterparty

Private sector purchaser: report

Bridge central counterparty: report

Resolution instruments: report

Transfer of ownership: report

Sale to commercial purchaser, transfer to bridge central counterparty and transfer of ownership: conditions for group companies

Paragraph 117: supplemental

Information

Reports by skilled persons

Appointment of persons to carry out general investigations

Appointment of person to carry out investigations in particular cases

Investigations etc in support of foreign resolution authorities

Investigations: general

Powers of persons appointed under paragraph 121

Powers of persons appointed as a result of paragraph 122

Admissibility of statements made to investigators

Information and documents: supplemental provision

Protected items

Entry of premises under warrant

Retention of documents obtained under paragraph 130

Offences etc

Prosecution of offences under paragraph 132

Offences under paragraph 132 by bodies corporate etc

Injunctions to prevent failure to comply with relevant requirement

Regulatory sanctions

Determination of sanctions

Injunctions: failure to comply with certain paragraph 136 sanctions

Procedure: decision notice

Procedure: general

Appeals

Injunctions: failure to comply with certain paragraph 136 sanctions

Publication

Co-operation

Third-country resolution actions

Effects of recognition on third-country resolution action

Third-country instruments: supplementary provision

Information

Restrictions on disclosure of confidential information

Remedies on judicial review

Giving of notices, documents etc under this Schedule

“Financial assistance”

Modifications to the law

Interpretation

Recognised central counterparty

Interpretation: “CCP group company”, etc

Consolidated Fund

National Loans Fund

Bank of England Act 1998

Financial Services and Markets Act 2000

Companies Act 2006

Banking Act 2009

Financial Services Act 2012

Financial Services (Banking Reform) Act 2013

Modified application of corporate law to CCPs in resolution

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

Specified financial activities

Exercise of FMI regulatory powers

Bank of England: rule-making powers

Application of FSMA 2000 to FMI functions

Payment Systems Regulator

Chair of the Payment Systems Regulator as member of FCA Board

Consultation on rules

Cash access services

Wholesale cash distribution

Recognised bodies: senior managers and certification

Central counterparties in financial difficulties

Insurers in financial difficulties

Application of provisions to regulatory functions under this Act

Formerly authorised persons

Control over authorised persons

Financial services compensation scheme

The Ombudsman scheme

Arrangements for the investigation of complaints

Politically exposed persons: review of guidance

Ambulatory references

Power to amend or repeal certain provisions of FSMA 2000

Power under FSMA 2000 to make transitional provisions

Cryptoassets

Bank of England levy

Bank of England levy: consequential amendments

Liability of payment service providers for fraudulent transactions

Credit unions

Reinsurance for acts of terrorism

Banking Act 2009: miscellaneous amendments

Arrangements for the investigation of complaints

Politically exposed persons: money laundering and terrorist financing

Politically exposed persons: review of guidance

Forest risk commodities: review

Interpretation

Pre-commencement consultation

Financial provision

Power to make consequential provision

Regulations

Extent

Commencement

Short title

Any provision made under any of the following EU directives—

Any provision made under an instrument listed in Part 1 (including any such instrument as it had effect in EU law before IP completion day).

Any provision made under an instrument listed in Part 2.

Any technical standards to which Chapter 2A of Part 9A of FSMA 2000 applies.

In FSMA 2000—

EU-derived legislation not falling within Parts 1 to 3 so far as relating to financial services or markets (other than instruments excluded from this Part by regulations under section 1(5)).

For this purpose—

Transparency requirements for equities

Participation

Technology

Practices

Financial instruments

Settlement of payments

Requirements

Cooperation

Transparency and reporting

Enforcement

Financial Services Act 2012

Overview

Removal of impediments to the exercise of stabilisation powers etc

Safeguards relating to directions under paragraph 2

Resolution plans

Removal of directors and senior managers

Temporary manager

Temporary manager: instrument of appointment

Temporary manager: further provisions in relation to the appointment

Temporary manager: instrument of appointment

Right to refer matters to the Tribunal

Removal of directors and senior managers and appointment of temporary manager: procedure

Removal of directors and senior managers and appointment of temporary manager: notice requirements

Temporary restriction on remuneration

Restriction on remuneration: review and revocation

Special resolution objectives

Code of Practice

General conditions

Effect on other group members

Specific conditions: financial assistance cases

Resolution liaison panel

Independent valuer: supplemental

Pre-resolution valuation

Replacement of Bank’s provisional valuation

Independent valuer: valuation under paragraph 22 or 23

Independent valuer: supplemental

Consequences of a replacement valuation

Private sector purchaser

Private sector purchaser: marketing

Bridge central counterparty

Transfer of ownership

Tear-up power

Termination rights etc

Power to reduce variation margin payments

Directors and senior managers

Powers in relation to securities

Report on provisions in write-down instrument

Priority between creditors

Power to take control

Shadow directors etc

Interpretation: “securities”

Share transfer instrument

Effect

Continuity

Conversion and delisting

Directors and senior managers

Ancillary instruments: production, registration, etc

Incidental provision

Procedure: instruments

Supplemental instruments

Onward transfer

Reverse share transfer

Bridge central counterparties: share transfers

Bridge central counterparties: reverse share transfer

Property transfer instrument

Effect

Transferable property

Continuity

Directors and senior managers

Recognised central counterparty rules

Recognised central counterparty membership

Licences

Foreign property

Incidental provision

Procedure

Property transfer instrument: delisting

Transfer of property subsequent to resolution instrument

Supplemental instruments

Private sector purchaser: reverse property transfer

Onward transfer

Bridge central counterparties: reverse property transfer

Transfer of ownership and private sector purchaser: property transfer

Transfer of ownership: reverse property transfer

Bridge central counterparty: supplemental property transfer powers

Regulations for safeguarding certain financial arrangements: write-down instruments

Restriction of partial transfers

Power to protect certain interests

Creation of liabilities

Regulations for safeguarding certain financial arrangements: write-down instruments

Resolution instruments: effect and supplementary matters

Write-down instruments: supplementary

Resolution instruments: procedure

Supplemental resolution instruments

Directors and senior managers

Termination rights etc

Deferment

Recovery of expenses

Compensation scheme

Instruments: notification of members and creditors

General continuity obligation: property transfers

Special continuity obligations: property transfers

Continuity obligations: onward property transfers

General continuity obligation: share transfers

Special continuity obligations: share transfers

Continuity obligations: onward share transfers

Continuity obligations: consideration and terms

Continuity obligations: termination

Suspension of obligations

“Financial assistance”

Stay on terminating membership

Restriction on remuneration

Pensions

Disputes

Tax

Stay or sist of legal proceedings

Insolvency proceedings

Recognition of transferee company

International obligation notice: general

International obligation notice: bridge central counterparty

Public funds: general

Public funds: bridge central counterparty

Private sector purchaser: report

Bridge central counterparty: report

Resolution instruments: report

Transfer of ownership: report

Sale to commercial purchaser, transfer to bridge central counterparty and transfer of ownership: conditions for group companies

Paragraph 117: supplemental

Information

Reports by skilled persons

Appointment of persons to carry out general investigations

Appointment of person to carry out investigations in particular cases

Investigations etc in support of foreign resolution authorities

Investigations: general

Powers of persons appointed under paragraph 121

Powers of persons appointed as a result of paragraph 122

Admissibility of statements made to investigators

Information and documents: supplemental provision

Specified financial activities

Entry of premises under warrant

Retention of documents obtained under paragraph 130

Offences etc

Prosecution of offences under paragraph 132

Offences under paragraph 132 by bodies corporate etc

Injunctions to prevent failure to comply with relevant requirement

Determination of sanctions

Procedure: decision notice

Procedure: general

Appeals

Publication

Co-operation

Third-country resolution actions

Effects of recognition on third-country resolution action

Third-country instruments: supplementary provision

Information

Restrictions on disclosure of confidential information

Remedies on judicial review

Giving of notices, documents etc under this Schedule

“Financial assistance”

Modifications to the law

Interpretation

Recognised central counterparty

Interpretation: “CCP group company”, etc

Consolidated Fund

National Loans Fund

Bank of England Act 1998

Financial Services and Markets Act 2000

Companies Act 2006

Banking Act 2009

Financial Services Act 2012

Financial Services (Banking Reform) Act 2013

Modified application of corporate law to CCPs in resolution

FSMA 2000

Introductory

Resolution plans

Removal of directors and senior managers

Temporary manager

Paragraphs 5 and 6: conditions

Temporary manager: further provisions in relation to the appointment

Right to refer matters to the Tribunal

Removal of directors and senior managers and appointment of temporary manager: procedure

Removal of directors and senior managers and appointment of temporary manager: notice requirements

Temporary restriction on remuneration

Restriction on remuneration: review and revocation

Special resolution objectives

Code of Practice

General conditions

Effect on other group members

Specific conditions: financial assistance cases

Resolution liaison panel

Restrictions on use of certain resolution powers

Pre-resolution valuation

Replacement of Bank’s provisional valuation

Independent valuer: valuation under paragraph 22 or 23

Consequences of a replacement valuation

Private sector purchaser

Private sector purchaser: marketing

Bridge central counterparty

Transfer of ownership

Tear-up power

Cash call power

Power to reduce variation margin payments

Write-down power

Powers in relation to securities

Report on provisions in write-down instrument

Priority between creditors

Power to take control

Shadow directors etc

Interpretation: “securities”

Share transfer instrument

Effect

Deferment

Recovery of expenses

Directors and senior managers

Ancillary instruments: production, registration, etc

Incidental provision

Procedure: instruments

Supplemental instruments

Onward transfer

Reverse share transfer

Bridge central counterparties: share transfers

Bridge central counterparties: reverse share transfer

Property transfer instrument

Effect

Transferable property

Continuity

Directors and senior managers

Recognised central counterparty rules

Recognised central counterparty membership

Licences

Foreign property

Incidental provision

Procedure

Property transfer instrument: delisting

Transfer of property subsequent to resolution instrument

Supplemental instruments

Private sector purchaser: reverse property transfer

Onward transfer

Bridge central counterparties: reverse property transfer

Transfer of ownership and private sector purchaser: property transfer

Transfer of ownership: reverse property transfer

Bridge central counterparty: supplemental property transfer powers

Bridge central counterparty: supplemental reverse property transfer powers

Restriction of partial transfers

Power to protect certain interests

Creation of liabilities

Resolution instruments: effect and supplementary matters

Write-down instruments: supplementary

Resolution instruments: procedure

Supplemental resolution instruments

Directors and senior managers

Termination rights etc

Deferment

Recovery of expenses

Compensation scheme

Instruments: notification of members and creditors

General continuity obligation: property transfers

Special continuity obligations: property transfers

Continuity obligations: onward property transfers

General continuity obligation: share transfers

Special continuity obligations: share transfers

Continuity obligations: onward share transfers

Continuity obligations: consideration and terms

Continuity obligations: termination

Suspension of obligations

Restriction of security interests

Suspension of termination rights

Suspension: general provision

Stay on terminating membership

Restriction on remuneration

Pensions

Disputes

Tax

Stay or sist of legal proceedings

Insolvency proceedings

Recognition of transferee company

International obligation notice: general

International obligation notice: bridge central counterparty

Public funds: general

Public funds: bridge central counterparty

Private sector purchaser: report

Bridge central counterparty: report

Resolution instruments: report

Transfer of ownership: report

Sale to commercial purchaser, transfer to bridge central counterparty and transfer of ownership: conditions for group companies

Companies Act 2006

Information

Companies Act 2006

Appointment of persons to carry out general investigations

Appointment of person to carry out investigations in particular cases

Investigations etc in support of foreign resolution authorities

Investigations: general

Powers of persons appointed under paragraph 121

Powers of persons appointed as a result of paragraph 122

Admissibility of statements made to investigators

Information and documents: supplemental provision

Protected items

Entry of premises under warrant

Retention of documents obtained under paragraph 130

Offences etc

Prosecution of offences under paragraph 132

Offences under paragraph 132 by bodies corporate etc

Injunctions to prevent failure to comply with relevant requirement

Regulatory sanctions

Determination of sanctions

Procedure: warning notice

Procedure: decision notice

Procedure: general

Appeals

Injunctions: failure to comply with certain paragraph 136 sanctions

Publication

Co-operation

Third-country resolution actions

Effects of recognition on third-country resolution action

Third-country instruments: supplementary provision

Information

Restrictions on disclosure of confidential information

Remedies on judicial review

Giving of notices, documents etc under this Schedule

“Financial assistance”

Modifications to the law

Interpretation

Recognised central counterparty

Interpretation: “CCP group company”, etc

Consolidated Fund

Bank of England Act 1998

Financial Services and Markets Act 2000

Companies Act 2006

Banking Act 2009

Financial Services Act 2012

Financial Services (Banking Reform) Act 2013

Modified application of corporate law to CCPs in resolution

FSMA 2000

Introductory

Revocation of assimilated law relating to financial services and markets

Designated activities

Rules relating to central counterparties and central securities depositories

Central counterparties and central securities depositories: other requirements

Rules relating to investment exchanges and data reporting service providers

Treasury directions to Bank of England: restrictions

Testing of FMI technologies or practices

Reports on FMI sandboxes

Permanent implementation of arrangements tested under an FMI sandbox

Regulations

Interpretation

Critical third parties: designation and powers

Critical third parties: related amendments

Financial promotion

Sustainability disclosure requirements

Digital settlement assets: power to make regulations

Implementation of mutual recognition agreements

Competitiveness and growth objective

Regulatory principles

Sections 25 and 27: consequential amendments

Review of rules

Treasury power in relation to rules

Matters to consider when making rules

Effect of rules etc on deference decisions

Effect of rules etc on international trade obligations

Power to disapply or modify rules

Responses to recommendations of the Treasury

Public consultation requirements

Engagement with statutory panels

Engagement with Parliamentary Committees

Reporting requirements

Duty to co-operate and consult in exercising functions

Listing Authority Advisory Panel

Insurance Practitioner Panel

Cost Benefit Analysis Panels

Statement of policy on cost benefit analyses

Statement of policy on panel appointments

Composition of panels

Exercise of FMI regulatory powers

Bank of England: rule-making powers

Application of FSMA 2000 to FMI functions

Payment Systems Regulator

Chair of the Payment Systems Regulator as member of FCA Board

Consultation on rules

Cash access services

Wholesale cash distribution

Recognised bodies: senior managers and certification

Central counterparties in financial difficulties

Insurers in financial difficulties

Application of provisions to regulatory functions under this Act

Formerly authorised persons

Control over authorised persons

Financial services compensation scheme

The Ombudsman scheme

Unauthorised co-ownership AIFs

Power to amend enactments in consequence of rules

Ambulatory references

Power to amend or repeal certain provisions of FSMA 2000

Power under FSMA 2000 to make transitional provisions

Cryptoassets

Bank of England levy

Bank of England levy: consequential amendments

Liability of payment service providers for fraudulent transactions

Credit unions

Reinsurance for acts of terrorism

Banking Act 2009: miscellaneous amendments

Politically exposed persons: money laundering and terrorist financing

Politically exposed persons: review of guidance

Forest risk commodities: review

Interpretation

Pre-commencement consultation

Financial provision

Power to make consequential provision

Regulations

Extent

Commencement

Short title

Any provision made under any of the following EU directives—

Introductory

Participation

Technology

Practices

Financial instruments

Settlement of payments

Requirements

Cooperation

Transparency and reporting

Enforcement

Removal of impediments to the exercise of stabilisation powers etc

Overview

Removal of impediments to the exercise of stabilisation powers etc

Safeguards relating to directions under paragraph 2

Resolution plans

Removal of directors and senior managers

Temporary manager

Paragraphs 5 and 6: conditions

Temporary manager: further provisions in relation to the appointment

Temporary manager: instrument of appointment

Right to refer matters to the Tribunal

Removal of directors and senior managers and appointment of temporary manager: procedure

Removal of directors and senior managers and appointment of temporary manager: notice requirements

Temporary restriction on remuneration

Restriction on remuneration: review and revocation

Special resolution objectives

Code of Practice

General conditions

Effect on other group members

Specific conditions: financial assistance cases

Resolution liaison panel

Restrictions on use of certain resolution powers

Pre-resolution valuation

Replacement of Bank’s provisional valuation

Independent valuer: valuation under paragraph 22 or 23

Independent valuer: supplemental

Consequences of a replacement valuation

Private sector purchaser

Private sector purchaser: marketing

Bridge central counterparty

Transfer of ownership

Tear-up power

Cash call power

Power to reduce variation margin payments

Write-down power

Powers in relation to securities

Report on provisions in write-down instrument

Priority between creditors

Power to take control

Shadow directors etc

Interpretation: “securities”

Share transfer instrument

Effect

Continuity

Conversion and delisting

Directors and senior managers

Ancillary instruments: production, registration, etc

Incidental provision

Procedure: instruments

Supplemental instruments

Onward transfer

Reverse share transfer

Bridge central counterparties: share transfers

Bridge central counterparties: reverse share transfer

Property transfer instrument

Effect

Transferable property

Continuity

Directors and senior managers

Recognised central counterparty rules

Transfer of property subsequent to resolution instrument

Licences

Foreign property

Incidental provision

Procedure

Property transfer instrument: delisting

Private sector purchaser: reverse property transfer

Supplemental instruments

Private sector purchaser: reverse property transfer

Onward transfer

Bridge central counterparties: reverse property transfer

Transfer of ownership and private sector purchaser: property transfer

Transfer of ownership: reverse property transfer

Bridge central counterparty: supplemental property transfer powers

Bridge central counterparty: supplemental reverse property transfer powers

Restriction of partial transfers

Power to protect certain interests

Creation of liabilities

Regulations for safeguarding certain financial arrangements: write-down instruments

Resolution instruments: effect and supplementary matters

Write-down instruments: supplementary

Resolution instruments: procedure

Supplemental resolution instruments

Directors and senior managers

Termination rights etc

Deferment

Recovery of expenses

Compensation scheme

Instruments: notification of members and creditors

General continuity obligation: property transfers

Special continuity obligations: property transfers

Continuity obligations: onward property transfers

General continuity obligation: share transfers

Special continuity obligations: share transfers

Continuity obligations: onward share transfers

Continuity obligations: consideration and terms

Continuity obligations: termination

Suspension of obligations

Restriction of security interests

Suspension of termination rights

Suspension: general provision

Stay on terminating membership

Restriction on remuneration

Pensions

Disputes

Tax

Stay or sist of legal proceedings

Public funds: bridge central counterparty

Recognition of transferee company

International obligation notice: general

International obligation notice: bridge central counterparty

Public funds: general

Public funds: bridge central counterparty

Private sector purchaser: report

Bridge central counterparty: report

Resolution instruments: report

Reports by skilled persons

Sale to commercial purchaser, transfer to bridge central counterparty and transfer of ownership: conditions for group companies

Paragraph 117: supplemental

Information

Reports by skilled persons

Appointment of persons to carry out general investigations

Appointment of person to carry out investigations in particular cases

Investigations etc in support of foreign resolution authorities

Investigations: general

Powers of persons appointed under paragraph 121

Powers of persons appointed as a result of paragraph 122

Admissibility of statements made to investigators

Information and documents: supplemental provision

Protected items

Retention of documents obtained under paragraph 130

Offences etc

Prosecution of offences under paragraph 132

Offences under paragraph 132 by bodies corporate etc

Injunctions to prevent failure to comply with relevant requirement

Regulatory sanctions

Determination of sanctions

Procedure: warning notice

Procedure: decision notice

Appeals

Injunctions: failure to comply with certain paragraph 136 sanctions

Publication

Co-operation

Third-country resolution actions

Effects of recognition on third-country resolution action

Third-country instruments: supplementary provision

Information

Restrictions on disclosure of confidential information

Remedies on judicial review

Giving of notices, documents etc under this Schedule

“Financial assistance”

Modifications to the law

Interpretation

Recognised central counterparty

Interpretation: “CCP group company”, etc

Consolidated Fund

National Loans Fund

Bank of England Act 1998

Financial Services and Markets Act 2000

Banking Act 2009

Financial Services Act 2012

Financial Services (Banking Reform) Act 2013

Modified application of corporate law to CCPs in resolution

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

Specified financial activities

Report on provisions in write-down instrument

Priority between creditors

Power to take control

Shadow directors etc

Interpretation: “securities”

Share transfer instrument

Effect

Continuity

Conversion and delisting

Directors and senior managers

Ancillary instruments: production, registration, etc

Incidental provision

Procedure: instruments

Supplemental instruments

Onward transfer

Reverse share transfer

Bridge central counterparties: share transfers

Bridge central counterparties: reverse share transfer

Property transfer instrument

Effect

Transferable property

Continuity

Directors and senior managers

Recognised central counterparty rules

Recognised central counterparty membership

Licences

Foreign property

Supplemental instruments

Procedure

Property transfer instrument: delisting

Supplemental instruments

Onward transfer

Bridge central counterparties: reverse property transfer

Transfer of ownership and private sector purchaser: property transfer

Transfer of ownership: reverse property transfer

Bridge central counterparty: supplemental property transfer powers

Bridge central counterparty: supplemental reverse property transfer powers

Restriction of partial transfers

Power to protect certain interests

Creation of liabilities

Regulations for safeguarding certain financial arrangements: write-down instruments

Resolution instruments: effect and supplementary matters

Write-down instruments: supplementary

Resolution instruments: procedure

Supplemental resolution instruments

Termination rights etc

Compensation scheme

Instruments: notification of members and creditors

General continuity obligation: property transfers

Special continuity obligations: property transfers

Continuity obligations: onward property transfers

General continuity obligation: share transfers

Special continuity obligations: share transfers

Continuity obligations: onward share transfers

Continuity obligations: consideration and terms

Continuity obligations: termination

Suspension of obligations

Restriction of security interests

Suspension of termination rights

Suspension: general provision

Stay on terminating membership

Restriction on remuneration

Pensions

Disputes

Tax

Stay or sist of legal proceedings

Insolvency proceedings

Public funds: general

Bridge central counterparty: report

Resolution instruments: report

Public funds: bridge central counterparty

Private sector purchaser: report

Bridge central counterparty: report

Paragraph 117: supplemental

Transfer of ownership: report

Sale to commercial purchaser, transfer to bridge central counterparty and transfer of ownership: conditions for group companies

Information

Reports by skilled persons

Investigations: general

Appointment of person to carry out investigations in particular cases

Investigations etc in support of foreign resolution authorities

Investigations: general

Powers of persons appointed under paragraph 121

Powers of persons appointed as a result of paragraph 122

Admissibility of statements made to investigators

Information and documents: supplemental provision

Protected items

Retention of documents obtained under paragraph 130

Offences etc

Prosecution of offences under paragraph 132

Offences under paragraph 132 by bodies corporate etc

Injunctions to prevent failure to comply with relevant requirement

Determination of sanctions

Procedure: warning notice

Procedure: decision notice

Procedure: general

Appeals

Injunctions: failure to comply with certain paragraph 136 sanctions

Publication

Co-operation

Third-country resolution actions

Effects of recognition on third-country resolution action

Third-country instruments: supplementary provision

Information

Restrictions on disclosure of confidential information

Remedies on judicial review

Giving of notices, documents etc under this Schedule

“Financial assistance”

Modifications to the law

Interpretation

Recognised central counterparty

Interpretation: “CCP group company”, etc

Bank of England Act 1998

Banking Act 2009

Financial Services Act 2012

Financial Services (Banking Reform) Act 2013

Modified application of corporate law to CCPs in resolution

FSMA 2000

Introductory

Critical third parties: designation and powers

Critical third parties: related amendments

Financial promotion

Sustainability disclosure requirements

Digital settlement assets

Digital settlement assets: power to make regulations

Implementation of mutual recognition agreements

Competitiveness and growth objective: reporting requirements

Regulatory principles

Sections 25 and 27: consequential amendments

Review of rules

Treasury power in relation to rules

Matters to consider when making rules

Effect of rules etc on deference decisions

Effect of rules etc on international trade obligations

Power to disapply or modify rules

Responses to recommendations of the Treasury

Public consultation requirements

Engagement with statutory panels

Engagement with Parliamentary Committees

Reporting requirements

Duty to co-operate and consult in exercising functions

Listing Authority Advisory Panel

Insurance Practitioner Panel

Cost Benefit Analysis Panels

Statement of policy on cost benefit analyses

Statement of policy on panel appointments

Panel reports

Exercise of FMI regulatory powers

Bank of England: rule-making powers

Application of FSMA 2000 to FMI functions

Payment Systems Regulator

Chair of the Payment Systems Regulator as member of FCA Board

Consultation on rules

Cash access services

Wholesale cash distribution

Recognised bodies: senior managers and certification

Central counterparties in financial difficulties

Insurers in financial difficulties

Application of provisions to regulatory functions under this Act

Formerly authorised persons

Control over authorised persons

The Ombudsman scheme

Unauthorised co-ownership AIFs

Power to amend enactments in consequence of rules

Ambulatory references

Power to amend or repeal certain provisions of FSMA 2000

Power under FSMA 2000 to make transitional provisions

Cryptoassets

Bank of England levy

Bank of England levy: consequential amendments

Liability of payment service providers for fraudulent transactions

Reinsurance for acts of terrorism

Reinsurance for acts of terrorism

Banking Act 2009: miscellaneous amendments

Arrangements for the investigation of complaints

Politically exposed persons: money laundering and terrorist financing

Forest risk commodities: review

Interpretation

Pre-commencement consultation

Financial provision

Power to make consequential provision

Regulations

Extent

Commencement

Short title

Any provision made under an instrument listed in Part 1 (including any such instrument as it had effect in EU law before IP completion day).

Transparency requirements for equities

Participation

Technology

Practices

Settlement of payments

Requirements

Cooperation

Transparency and reporting

Enforcement

Financial Services Act 2012

Overview

Resolution plans

Resolution plans

Removal of directors and senior managers

Temporary manager

Paragraphs 5 and 6: conditions

Temporary manager: further provisions in relation to the appointment

Temporary manager: instrument of appointment

Right to refer matters to the Tribunal

Removal of directors and senior managers and appointment of temporary manager: procedure

Removal of directors and senior managers and appointment of temporary manager: notice requirements

Temporary restriction on remuneration

Restriction on remuneration: review and revocation

Special resolution objectives

Code of Practice

General conditions

Effect on other group members

Specific conditions: financial assistance cases

Resolution liaison panel

Restrictions on use of certain resolution powers

Pre-resolution valuation

Replacement of Bank’s provisional valuation

Independent valuer: valuation under paragraph 22 or 23

Independent valuer: supplemental

Consequences of a replacement valuation

Private sector purchaser

Private sector purchaser: marketing

Bridge central counterparty

Transfer of ownership

Tear-up power

Cash call power

Power to reduce variation margin payments

Write-down power

Powers in relation to securities

Report on provisions in write-down instrument

Priority between creditors

Power to take control

Shadow directors etc

Interpretation: “securities”

Share transfer instrument

Effect

Continuity

Conversion and delisting

Directors and senior managers

Ancillary instruments: production, registration, etc

Incidental provision

Procedure: instruments

Supplemental instruments

Onward transfer

Reverse share transfer

Bridge central counterparties: share transfers

Bridge central counterparties: reverse share transfer

Property transfer instrument

Effect

Transferable property

Continuity

Directors and senior managers

Recognised central counterparty rules

Recognised central counterparty membership

Licences

Foreign property

Incidental provision

Procedure

Property transfer instrument: delisting

Private sector purchaser: reverse property transfer

Onward transfer

Bridge central counterparties: reverse property transfer

Transfer of ownership and private sector purchaser: property transfer

Transfer of ownership: reverse property transfer

Bridge central counterparty: supplemental property transfer powers

Bridge central counterparty: supplemental reverse property transfer powers

Restriction of partial transfers

Power to protect certain interests

Creation of liabilities

Regulations for safeguarding certain financial arrangements: write-down instruments

Resolution instruments: effect and supplementary matters

Write-down instruments: supplementary

Resolution instruments: procedure

Supplemental resolution instruments

Directors and senior managers

Deferment

Recovery of expenses

Compensation scheme

Instruments: notification of members and creditors

General continuity obligation: property transfers

Special continuity obligations: property transfers

Continuity obligations: onward property transfers

General continuity obligation: share transfers

Special continuity obligations: share transfers

Continuity obligations: onward share transfers

Continuity obligations: consideration and terms

Continuity obligations: termination

Suspension of obligations

Restriction of security interests

Suspension of termination rights

Suspension: general provision

Stay on terminating membership

Pensions

Tax

Stay or sist of legal proceedings

Insolvency proceedings

Recognition of transferee company

International obligation notice: general

International obligation notice: bridge central counterparty

Private sector purchaser: report

Bridge central counterparty: report

Resolution instruments: report

Transfer of ownership: report

Sale to commercial purchaser, transfer to bridge central counterparty and transfer of ownership: conditions for group companies

Information

Appointment of persons to carry out general investigations

Appointment of person to carry out investigations in particular cases

Investigations etc in support of foreign resolution authorities

Powers of persons appointed under paragraph 121

Powers of persons appointed as a result of paragraph 122

Admissibility of statements made to investigators

Information and documents: supplemental provision

Protected items

Entry of premises under warrant

Retention of documents obtained under paragraph 130

Offences etc

Prosecution of offences under paragraph 132

Offences under paragraph 132 by bodies corporate etc

Injunctions to prevent failure to comply with relevant requirement

Regulatory sanctions

Determination of sanctions

Procedure: warning notice

Procedure: decision notice

Procedure: general

Appeals

Injunctions: failure to comply with certain paragraph 136 sanctions

Publication

Co-operation

Third-country resolution actions

Effects of recognition on third-country resolution action

Third-country instruments: supplementary provision

Information

Restrictions on disclosure of confidential information

Remedies on judicial review

Giving of notices, documents etc under this Schedule

Modifications to the law

Interpretation

Recognised central counterparty

Interpretation: “CCP group company”, etc

Consolidated Fund

National Loans Fund

Bank of England Act 1998

Financial Services and Markets Act 2000

Banking Act 2009

Financial Services Act 2012

Financial Services (Banking Reform) Act 2013

Modified application of corporate law to CCPs in resolution

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

Consultation on rules

Cash access services

Wholesale cash distribution

Recognised bodies: senior managers and certification

Central counterparties in financial difficulties

Insurers in financial difficulties

Application of provisions to regulatory functions under this Act

Formerly authorised persons

Control over authorised persons

Financial services compensation scheme

The Ombudsman scheme

Unauthorised co-ownership AIFs

Power to amend enactments in consequence of rules

Ambulatory references

Power to amend or repeal certain provisions of FSMA 2000

Power under FSMA 2000 to make transitional provisions

Cryptoassets

Bank of England levy

Bank of England levy: consequential amendments

Liability of payment service providers for fraudulent transactions

Credit unions

Banking Act 2009: miscellaneous amendments

Arrangements for the investigation of complaints

Politically exposed persons: money laundering and terrorist financing

Politically exposed persons: review of guidance

Forest risk commodities: review

Interpretation

Pre-commencement consultation

Financial provision

Power to make consequential provision

Regulations

Commencement

Short title