The Capital Requirements Regulations 2013

• (3) In regulation 7(1) (supervision of third-country financial conglomerates and third-country groups – interpretation) in the definition of “credit institution” for “the banking consolidation directive” substitute “ capital requirements directive ”.

• (4) In regulation 9 (supervision of third-country banking groups) —

• (a) in paragraph (1)—

• (i) for “Article 143 of the banking consolidated directive (third-country parent undertakings)” substitute “Article 127 of the capital requirements directive (assessment of equivalence of third countries' consolidated supervision)”;

• (ii) for “Articles 71, 72 and 73(1) and (3) of that directive (supervision on a consolidated basis of credit institutions)” substitute “ the capital requirements directive and Chapter 2 of Title II of Part 1of the capital requirements regulation ”; and

• (iii) in sub-paragraph (b) for “the first sub-paragraph of Article 143(2) of that Directive” substitute “ the first sub-paragraph of Article 127(2) of the capital requirements directive ”;

• (b) in paragraph (2) for “Article 143(3) of the banking consolidation directive” substitute “ Article 127(3) of the capital requirements directive ”;

• (c) in paragraph (3)(a) and (b) for “Articles 125 or 126 of the banking consolidation directive” substitute “ Article 111 of the capital requirements directive ”.

• (5) In regulation 10 (supervision of third-country groups subject to the capital adequacy directive) —

• (a) for the title substitute—

Supervision of third-country groups subject to the capital requirements regulation and capital requirement directive

• (b) for paragraph (1) substitute—

(1) Paragraph (2) applies if a regulator is, for the purposes of Article 127 of the capital requirements directive, verifying whether an institution is subject to supervision by a third-country competent authority which is equivalent to that governed by the principles laid down in the capital requirements directive and Chapter 2 of Title II of Part 1 of the capital requirements regulation.

• (c) in paragraph (2)(b) for “Article 143(2) of that directive” substitute “ Article 127(2) of the capital requirements directive ”;

• (d) in paragraph (3) for “Article 143(3) of the banking consolidation directive as applied by Articles 2 and 37(1) of the capital adequacy directive” substitute “ Article 127(3) of the capital requirements directive ”;

• (e) in paragraph (4)(a) and (b) for “Articles 125 or 126 of the banking consolidation directive, as applied by Articles 2 and 37(1) of the capital adequacy directive” substitute “ Article 111 of the capital requirements directive ”.

• (6) For regulation 15(1)(b) (extension of power to vary Part 4A permission) substitute—

(b) acting in accordance with any of Articles 65(2), 104, 118, 123, 126 or 127 of the capital requirements directive or Article 18 of the capital requirements regulation;

Building Societies Act 1986 (Modification of the Lending Limit and Funding Limit Calculations) Order 2004

65

In article 2(1) (interpretation) of the Building Societies Act 1986 (Modification of the Lending Limit and Funding Limit Calculations) Order 2004 for the definition of “credit institution” substitute—

“credit institution” means a credit institution as defined by Article 4(1)(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;

Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006

66

In regulation 23(2)(b) (change in corporate control application fee) of the Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006 for “article 4.5 of the Banking Consolidation Directive” substitute “ Article 4(1)(26) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 ”.

Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007

67

Regulation 4C (requirements to be applied to exempt investment firms) of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 is amended as follows—

• (a) in paragraph (3)(c)(ii) for “banking consolidation directive” substitute “ capital requirements directive ”;

• (b) in paragraph (3)(c)(iii) for “the banking consolidation directive or Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions as last amended on 24th November 2010 by Directives 2010/76/EU and 2010/78/EU of the European Parliament and of the Council,” substitute “ the capital requirements directive or Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, ”;

• (c) for paragraph (4)(b) substitute—

(b) “the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;

Money Laundering Regulations 2007

68

• (1) The Money Laundering Regulations 2007 are amended as follows.

• (2) In regulation 2(1) (interpretation) —

• (a) omit the definition of “the banking consolidation directive”; and

• (b) at the appropriate place insert—

• “the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;
• “the capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;

• (3) In regulation 3 (application of the Regulations) —

• (a) in paragraph (2)(a) for “Article 4(1) of the banking consolidated directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

• (b) in paragraph (2)(b) for “Article 4(3) of that directive” substitute “ Article 4(1)(17) of that regulation ”;

• (c) in paragraph (3) for “banking consolidated directive” substitute “ capital requirements directive ” in each place in which it appears.

• (4) In Schedule 1 (activities listed in points 2 to 12, 14 and 15 of Annex 1 to the banking consolidation directive) for the title substitute— “ Activities listed in points 2 to 12, 14 and 15 of Annex 1 to the capital requirements directive ”.

Regulated Covered Bonds Regulations 2008

69

• (1) The Regulated Covered Bonds Regulations 2008 are amended as follows.

• (2) In regulation 1(2) (interpretation) —

• (a) omit the definition of “banking consolidation directive”;

• (b) at the appropriate place insert—

“capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;

• (c) in the definition of “liquid assets”—

• (i) in paragraph (a), for “paragraph 68(a) or (b) of Annex VI to the banking consolidation directive” substitute “ Article 129(1)(a) or (b) of the capital requirements regulation ”; and

• (ii) in paragraph (b), for “paragraph 68(c) of Annex VI to the banking consolidation directive” substitute “ Article 129(1)(c) of the capital requirements regulation ”.

• (3) In regulation 2 (eligible property) —

• (a) in paragraph (1)(a) for “paragraph 68 of Annex VI of the banking consolidation directive” substitute “ Article 129 of the capital requirements regulation ”;

• (b) in paragraph (1A)(a) for “paragraph 68 of Annex VI of the banking consolidation directive” substitute “ Article 129(1) of the capital requirements regulation ”;

• (c) in paragraph (1A)(b) for “sub-paragraph (d) of paragraph 68 of Annex VI of the banking consolidation direction” substitute “ sub-paragraph (d) and (e) of Article 129(1) of the capital requirements regulation ”;

• (d) in paragraph (1A)(c) for “sub-paragraph (e) of paragraph 68 of Annex VI of the banking consolidation directive” substitute “ sub-paragraph (f) of Article 129(1) of the capital requirements regulation ”;

• (e) in paragraph (1B)(a) for “Annex VI of the banking consolidation directive” substitute “ Part Three, Title II, Chapter 2 of the capital requirements regulations ”;

• (f) in paragraph (1B)(b) for “French Fonds Communs de Creances” substitute “ French Fonds Communs de Titrisation ”;

• (g) in paragraph (4) for “banking consolidated directive has the same meaning as in that directive” substitute “ capital requirements regulation has the same meaning as in that regulation ”.

Payment Services Regulations 2009

70

• (1) The Payment Services Regulations 2009 are amended as follows.

• (2) In regulation 2(1) (interpretation) —

• (a) omit the definition of “the banking consolidated directive”;

• (b) in the appropriate place insert—

• “the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;
• “the capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;

• (c) in the definition of “credit institution” for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

• (d) in the definition of “qualifying holding” for “article 4(11) of the banking consolidation directive” substitute “ Article 4(1)(36) of the capital requirements regulation ”.

• (3) In regulation 18(2) (capital requirements)—

• (a) in paragraph (a) for “banking consolidation directive” substitute “ capital requirements directive ”;

• (b) in paragraph (b) for “Article 69(1) of the banking consolidation directive” substitute “ Article 7(1) of the capital requirements regulation ”.

• (4) In regulation 19(15) (safeguarding requirements) in the definition of “authorised credit institution” for “Article 6 of the banking consolidation directive” substitute “ Article 8 of the capital requirements directive ”.

• (5) In regulation 121(1) (transitional provisions: deemed authorisation) for “banking consolidation directive” substitute “ Directive 2006/48/EC of the European Parliament and of the Council ” in both places where it appears.

• (6) In paragraph 5 of Schedule 3 (capital requirements) for “banking consolidation directive” substitute “ capital requirements regulation ”.

Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009

71

Article 1 (3) (interpretation) of the Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009 is amended as follows—

• (a) omit the definition of “Banking Consolidated Directive”;

• (b) at the appropriate place insert—

“capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;

• (c) in the definition of “excluded rights” for “Banking Consolidation Directive” substitute “ capital requirements directive ” in each place where it appears.

Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009

72

In article 2 (interpretation) of the Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009 in paragraph (a) of the definition of “relevant UK authorised person” for “banking consolidation directive” substitute “ capital requirements directive ”.

Provision of Services Regulations 2009

73

In regulation 2(2)(a) (“service”) of the Provision of Services Regulations 2009 for “Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions” substitute “ Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC ”.

Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

74

In regulation 35(2) (further conditions applicable to automatic enrolment schemes) of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 for paragraph (a) in the definition of “competent authority” substitute—

(a) paragraph (40) of Article 4(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;

Electronic Money Regulations 2011

75

• (1) The Electronic Money Regulations 2011 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) omit the definition of “the banking consolidation directive”;

• (b) at the appropriate places insert—

• “the capital requirements directive” means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC;
• “the capital requirements regulation” means Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012

• (c) in the definition of “credit institution”—

• (i) for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

• (ii) for “Article 4(3) of that directive” substitute “ Article 4(1)(17) of that regulation ”;

• (iii) for “Article 38 of that directive” substitute “ Article 47 of the capital requirements directive ”;

• (d) in the definition of “qualifying holding” for “Article 4(11) of the banking consolidation directive” substitute “ Article 4(1)(36) of the capital requirements regulation ”.

• (3) In regulation 21—

• (a) for paragraph (6)(a)(i) (safeguarding option 1) substitute—

(i) asset items falling into one of the categories set out in Article 336(1) of the capital requirements regulation, for which the specific risk capital charge is no higher than 1.6% but excluding other qualifying items as defined in Article 336(4); or

• (b) in the definition of “authorised credit institution” in paragraph (7) for “Article 6 of the banking consolidated directive” substitute “ Article 8 of the capital requirements directive ”.

• (4) In paragraph 6 of Schedule 2 (capital requirements: qualifying items) for “banking consolidation directive” substitute “ capital requirements regulation ”.

Recognised Auction Platforms Regulations 2011

76

In regulation 20(4)(b) (access to auctions) of the Recognised Auction Platforms Regulations 2011 for “banking consolidation directive” substitute “ capital requirements directive ”.

Financial Services and Markets Act 2000 (Prescribed Financial Institutions) Order 2013

77

In article 1(2) (interpretation) of the Financial Services and Markets Act 2000 (Prescribed Financial Institutions) Order 2013 —

• (a) in the definition of “credit institution” for “Article 4 of the banking consolidation directive” substitute “ Article 4(1)(1) of the capital requirements regulation ”;

• (b) in the definition of “financial institution” for “banking consolidation directive” substitute “ capital requirements directive ”.

Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013

78

For article 3(3)(a) (dealing in investments as principal: designation by the PRA) of the Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013 substitute—

(a) is an investment firm to which Article 28(2) of the capital requirements directive (investment firms which are required to have an initial capital of EUR 730,000) applies;

Bank of England Act 1998 (Macro-prudential Measures) Order 2013

79

Article 1 (2) (interpretation) of the Bank of England Act 1998 (Macro-prudential Measures) Order 2013 is amended as follows—

• (a) omit the definition of “banking consolidation directive”;

• (b) in the definition of “credit institution” for “Article 4(1) of the banking consolidation directive” substitute “ Article 4(1)(1) of Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 ”;

• (c) in the definition of “financial sector entity” for “banking consolidation directive” substitute “ Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC ”.

Alternative Investment Fund Managers Regulations 2013

80

In regulation 77(1)(a) (depositaries of EEA AIFs until 22nd July 2017) of the Alternative Investment Fund Managers Regulations 2013 for “banking consolidation directive” substitute “ capital requirements directive ”.

SCHEDULE 3 — Revocations

Regulations revoked	References	Extent of revocation
The Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001	S.I. 2001/2509	The whole Regulations
The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003	S.I. 2003/2066	Regulation 6
The Financial Conglomerates and Other Financial Groups Regulations 2004	S.I. 2004/1862	Regulation 13
The Capital Requirements Regulations 2006	S.I. 2006/3221	The whole Regulations
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No 3) Order 2006	S.I. 2006/3384	Article 38
The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007	S.I. 2007/126	Paragraph 16 of Schedule 6
The Financial Services and Markets Act 2000 (Reinsurance Directive) Regulations 2007	S.I. 2007/3255	Regulation 4
The Credit Rating Agencies Regulations 2010	S.I. 2010/906	Regulation 31
The Capital Requirements (Amendment) Regulations 2010	S.I. 2010/2628	The whole Regulations.
The Credit Rating Agencies (Amendment) Regulations 2011	S.I. 2011/1435	Regulation 3.
The Capital Requirements (Amendment) Regulations 2012	S.I. 2012/917	The whole Regulations.
The Alternative Investment Fund Managers Regulations 2013	S.I. 2013/1773	Paragraph 13 of Schedule 2

Signed

David Evennett — Mark Lancaster — Two of the Lords Commissioners of Her Majesty's Treasury — 2013-12-09

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2012/1759.

[^f00002]: 1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c. 7). By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under s2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed in Brussels on 17th March 1993 (Cm 2183).

[^f00003]: 2000 c. 8. Section 349(2) was amended by section 41 of, and paragraphs 19(1) and (2) of Schedule 12 to, the Financial Services Act 2012 (c. 21); paragraphs 14(1)(b), 17(c), 18 and 22 of Schedule 3 were amended by section 12 of, and paragraphs 1, 3, 7, 8 and 14 of Schedule 4 to, the Financial Services Act 2012; paragraph 14(1)(b) was also amended by S.I. 2003/1473 and S.I. 2003/2066.

[^f00004]: OJ no L176, 27/6/2013, p. 338. For corrigenda see OJ no L208, 2/8/2013, p.73.

[^f00005]: OJ no L176, 27/6/2013, p.1. For corrigenda see OJ no L208, 2/8/2013 p.68 and OJ no L321, 30/11/2013 p. 6.

[^f00006]: OJ no L331, 15/12/2010, p.12.

[^f00007]: OJ no L331, 15/12/2010, p 48.

[^f00008]: OJ no L331, 15/12/2010, p1.

[^f00009]: In particular, “branch”, “credit institution”, “institution” and “investment firm” are defined in Article 4(1) of the capital requirements regulation.

[^f00010]: In particular, “EBA”, “ESMA”, “FCA”, “PRA”, “PRA-authorised person” and “the Tribunal” are defined in section 417 of FSMA.

[^f00011]: S.I. 2006/3221; the S.I. has been amended by S.I. 2010/906, S.I. 2010/2628, S.I. 2011/1435, 2012/917 and S.I. 2013/472.

[^f00012]: For the designation of the authority in charge of applying Article 458 of the capital requirements regulation, see paragraph 38 of Schedule 2 (amendments to the Bank of England Act 1998).

[^f00013]: For the meaning of “significant branch” see Article 51 of the capital requirements directive and see regulation 15.

[^f00014]: Section 348 was amended by the Financial Services Act 2010 (c.28), section 24 and Schedule 2 paragraphs 1 and 26, the Financial Services Act 2012 (c.21), section 41 and Schedule 20 paragraph 9.

[^f00015]: Sub-paragraphs (d) to (f) of paragraph (1) come into force on a date specified in a Commission delegated act. See Schedule 1.

[^f00016]: Paragraph (2) comes into force on a date to be specified in a Commission delegated act. See Schedule 1.

[^f00017]: Paragraph (3) comes into force on a date to be specified in a Commission delegated act. See Schedule 1.

[^f00018]: This regulation ceases to have effect on a date to be specified in a Commission delegated act. See Schedule 1.

[^f00019]: This paragraph comes into force on a date to be specified in a Commission delegated act. See Schedule 1.

[^f00020]: This paragraph comes into force on a date to be specified in a Commission delegated act. See Schedule 1.

[^f00021]: Section 165 was amended by the Financial Services Act 2010, s24 and Schedule 2 paragraphs 1 and 15. There are other amendements but none is relevant.

[^f00022]: Section 166 was substituted by the Financial Services Act 2012, s41 and Schedule 12 paragraph 1.

[^f00023]: Section 167 was amended by the Financial Services Act 2012, s41 and Schedule 12 paragraph 7. There are other amendments but none is relevant.

[^f00024]: Section 170 was amended by the Financial Services Act 2012, s41 and Schedule 12 paragraph 10.

[^f00025]: Section 167 was amended by S.I. 2007/126.

[^f00026]: Section 175 was amended by the Financial Services Act 2012, s41 and Schedule 12 paragraph 13.

[^f00027]: Section 176 was amended by S.I. 2005/1433, the Financial Services Act 2010 , s24 and Schedule 2 paragraph 1 and 17 and the Financial Services Act 2012, s41 and Schedule 12 paragraph 14

[^f00028]: Section 176A was inserted by the Financial Services Act 2012, s41 and Schedule 12 paragraph 15.

[^f00029]: Section 177 was amended by S.I. 2001/1090, the Criminal Justice Act 2003, s280 and Schedul 26 paragraph 54 and the Financial Services Act 2012, s114 and Schedule 18 paragraph 1 and 8.

[^f00030]: Paragraph (6) come into force on a date to be specified in a Commission delegated act. See Schedule 1.

[^f00031]: Sub-paragraphs (c) to (e) of paragraph (5)(4) come into force on a date to be specified in a Commission delegated act. See Schedule 1.

[^f00032]: OJ no 035, 11/2/2003, p1.

[^f00033]: OJ no 335, 17/12/2009, p1.

[^f00034]: The scope of the capital requirements directive is set out in Article 2 (scope).

[^f00035]: Section 1H was inserted by the Financial Services Act 2012 c.21, section 6. There are amendments to this section but none is relevant.

[^f00036]: Section 3M was inserted by the Financial Services Act 2012, section 6.

[^f00037]: Section 39 was amended by the Financial Services Act 2012, sections 10 and 114 and Schedule 18 paragraphs 1 and 5.

[^f00038]: Section 55J(6A) was inserted by S.I. 2013/1773.

[^f00039]: Section 55R was substituted by the Financial Services Act 2012, section 11.

[^f00040]: Section 55Z2 was inserted by the Financial Services Act 2012, section 11.

[^f00041]: Section 86 was substituted by S.I. 2005/1433 and amended by the Finacial Services Act 2012 section 16, and S.I. 2011/1668, S.I. 2012/1538 and S.I. 2013/1125.

[^f00042]: Section 184 was substituted by S.I. 2009/534 and amended by S.I. 2011/1613.

[^f00043]: Section 186 was substituted by S.I. 2009/534.

[^f00044]: Section 188 was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012 (c.21).

[^f00045]: Section 190 was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012 and S.I. 2011/1043.

[^f00046]: Section 191G was substituted by S.I. 2009/534 and amenede by section 26 of the Financial Services Act 2012

[^f00047]: Section 194A was inserted by S.I. 2007/126 and amended by the Financial Services Act 2012, section 12 and schedule 4 paragraph 29 and 33 and S.I. 2012/916.

[^f00048]: Paragraph 15 comes into force on a date specified in a Commission delegated act. See Schedule 1.

[^f00049]: Paragraph 16 comes into force on a date specified in a Commission delegated act. See Schedule 1.

[^f00050]: Section 199(7) was amended by the Financial Services Act 2012, section 12 and Schedule 4 paragraphs 29 and 39 and amended by S.I. 2012/916. There are other amendments to section 199 not relevant to these Regulations.

[^f00051]: Section 301E was inserted by S.I. 2007/126, substituted by S.I. 2009/534 and amended by S.I. 2011/1613.

[^f00052]: Section 301M was inserted by S.I. 2007/126, and substituted by S.I. 2009/543.

[^f00053]: Section 313D was inserted by S.I. 2007/126 and amended by section 36 of the Financial Services Act 2012 and S.I. 2010/1193.

[^f00054]: Section 342 was amended by Schedule 13, paragraphs 1, 4 to the Financial Services Act 2012 (c.21).

[^f00055]: Section 343 was amended by Schedule 13, paragraphs 1, 5 to the Financial Services Act 2012.

[^f00056]: Section 391 was amended by the Financial Services Act 2012, section 37 and Schedule 9 paragraphs 1 and 30. There are other amendments not relevant to these Regulations.

[^f00057]: Section 417. There are amendments to this section but none are relevant.

[^f00058]: Section 422 was substituted by S.I. 2009/534.

[^f00059]: Section 422A was inserted by S.I. 2009/534 and amended by S.I. 2011/1613.

[^f00060]: Section 425 was amended by S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/2975, S.I. 2007/126, S.I. 2007/3252 and S.I. 2012/1906.

[^f00061]: Section 425A was inserted by section 24 of the Financial Services Act 2012 and amended by S.I. 2013/655.

[^f00062]: Paragraph 1(a) was substituted by S.I. 2000/2952.

[^f00063]: Paragraph 2 was substituted by S.I. 2006/3221 and amended by S.I. 2010/2628 and S.I. 2012/917.

[^f00064]: Paragraph 5 was amended by S.I.2003/1473 and S.I. 2006/3221. There are other amendments but none is relevant.

[^f00065]: Paragraph 19 was amended by S.I. 2003/2066 and S.I. 2011/1613 and the Financial Services Act 2012 section 12 and Schedule 4 paragraphs 1 and 10. There are other amendments but none is relevant.

[^f00066]: Paragrpah 20(3) was amended by S.I. 2003/2066 and S.I. 2007/126.

[^f00067]: Paragraph 20ZA was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012 section 12 and Schedule 4 paragraphs 1, 12 and 13.

[^f00068]: Paragraph 24(1)(b) was amended by S.I. 2000/2952 and S.I. 2006/3221.

[^f00069]: Paragraph 8(6) was amended by S.I. 2006/3221 and S.I.2011/99.

[^f00070]: 1974 (c. 74). Section 1(9C) and section 1(9D) were inserted by S.I. 2001/3649.

[^f00071]: 1974 c. 39. Section 25(1C) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3221, S.I. 2007/126 and S.I. 2011/99. It is repealed by S.I. 2013/1881.

[^f00072]: 1981 c. 20. Section 33A was inserted by the Courts and Legal Services Act 1990 s82(1) and subsections (9C) and (9D) were inserted by S.I. 2001/3649.

[^f00073]: 1986 c.53. Section 119 was amended by S.I. 2001/3649, S.I 2006/3221, S.I. 2010/2628 and S.I. 2012/917. There are other amendments which are not relevant for these purposes.

[^f00074]: Paragraph 23 was amended by the Building Societies Act 1997 c.32, SI 2003/404 and SI 2011/593.

[^f00075]: 1993 c.8. Sections 9A(8C) and (8D) were inserted by S.I. 2001/3649.

[^f00076]: 1993 c. 36. Section 70(2) was amended by S.I. 2000/2952, S.I. 2001/3649 and S.I. 2006/3221.

[^f00077]: 1998 c.11.

[^f00078]: Section 2A was inserted by section 4 of the Financial Services Act 2012 (c.21).

[^f00079]: Section 17(7C) was inserted by S.I 2001/3649 and amended by S.I. 2006/3221.

[^f00080]: Section 9ZA was inserted by section 4 of the Financial Services Act 2012.

[^f00081]: 2000 c. 11.

[^f00082]: Schedule 3A was inserted by the Anti-terrorism, Crime and Security Act 2001 c.24, section 3 and Schedule 2(3) paragraphs 5(1) and (6) and substituted by S.I. 2007/3288. Relevant amendments were mande by S.I. 2011/99 and S.I. 2011/2701.

[^f00083]: Relevant amendments were made by S.I. 2000/2952, S.I. 2006/3221 and S.I. 2011/99.

[^f00084]: Proceeds of Crime Act 2002 c. 29. Part 1 of Schedule 9 was substituted by S.I. 2007/3287.

[^f00085]: Paragraph 1(1)(b) was amended by S.I. 2011/99.

[^f00086]: Paragraph 3(1) was amended by S.I. 2011/99.

[^f00087]: 2006 c. 46.

[^f00088]: Section 1173(1) was amended by S.I. 2011/99.

[^f00089]: Section 1210(3) was amended by S.I. 2008/565, S.I. 2011/99 and S.I, 2012/1809.

[^f00090]: 2008 c.2. Relevant amendments were made by S.I. 2010/2628 and S.I. 2013/917.

[^f00091]: 2008 c. 28. Schedule 7 was amended by the Terrorist Asset-Freezing etc. Act 2010 c.38 and S.I. 2011/99.

[^f00092]: 2009 c.1.

[^f00093]: Section 14(5) was amended by S.I. 2628/2010.

[^f00094]: Section 258A was inserted by the Financial Services Act 2012.

[^f00095]: S.I. 1995/1442. Relevant amendments were made by S.I. 2001/3649 and S.I. 2013/472.

[^f00096]: S.I.1998/1130. Article 2(3) was amended by S.I. 2006/3221, S.I. 2010/2628 and S.I. 2012/917. There are other amending instruments but none is relevant.

[^f00097]: S.I. 1999/2979. Regulation 2(1) was amended by S.I. 2006/3221, S.I. 2010/2993 and S.I. 2011/99.

[^f00098]: S.I. 2000/262.

[^f00099]: S.I. 2000/309. Paragraph 1 was amended by S.I. 2000/2952, S.I. 2004/1259, S.I. 2006/3221 and S.I. 2011/99. There are other amendments but none is relevant.

[^f00100]: S.I. 2001/544.

[^f00101]: Article 3(1) was amended by S.I. 2006/3384 and S.I. 2011/99. There are other amendments not relevant to these Regulations.

[^f00102]: Article 9C(2) was inserted by S.I. 2002/682 and amended by S.I. 2006/3221. There are other amendments not relevant to these Regulations.

[^f00103]: S.I. 2001/995.

[^f00104]: Regulation 3(1) was amended by S.I.2006/3386. There are other amendments not relevant to these Regulations.

[^f00105]: Paragraph 7B was inserted by S.I. 2006/3386 and amended by S.I.2013/472.

[^f00106]: S.I. 2001/1217. Regulation 1(2) was amended by S.I. 2006/3414. There are other amendments not relevant to these Regulations.

[^f00107]: S.I. 2001/1783. Regulation 1(2) was amended by S.I. 2006/3221. There are other amendments not relevant to these Regulations.

[^f00108]: S.I. 2001/2188.

[^f00109]: Regulation 2 was amended by S.I. 2004/1862, S.I. 2006/3413, S.I. 2012/916 and S.I 2013/504. There are other amendments not relevant to these Regulations.

[^f00110]: Regulation 9 was amended by S.I. 2006/3413, S.I. 2004/3379, S.I. 2006/3221, S.I. 2007/3255, S.I. 2010/2628, S.I. 2013/472 and S.I. 2013/1773. There are other amendments not relvant to these Regulations.

[^f00111]: Schedule 1 was amended by S.I. 2006/3413 and S.I. 2010/2628. There are other amendments not relevant to these Regulations.

[^f00112]: S.I. 2001/2511.

[^f00113]: Sub-paragraph (d) was amended by S.I. 2002/765, 2011/99 and 2006/3221.

[^f00114]: Paragraph (4) was amended by S.I.2002/765, S.I. 2006/3221 and S.I. 2001/99.

[^f00115]: Regulation 2A was inserted by S.I. 2013/439.

[^f00116]: Regulation 11(1) was amended by S.I. 2003/2066 and S.I. 2006/3385.

[^f00117]: S.I. 2001/3084.

[^f00118]: Article 2(2) was amended by S.I. 2006/1805.

[^f00119]: Article 4(4) was amended by S.I. 2006/3221.

[^f00120]: S.I. 2001/3648.

[^f00121]: Article 4(2) was amended by S.I. 2006/3221.

[^f00122]: Article 6(4) was amended by S.I. 2006/3221.

[^f00123]: S.I. 2001/3755. Paragraph 28(4) of Schedule 1 was inserted by S.I. 2007/124 and amended by S.I. 2010/2628, S.I. 2012/917 and S.I. 2013/472.

[^f00124]: S.I. 2003/1370. Paragraph 1 of the Schedule was amended by S.I. 2006/3221 and S.I. 2011/99.

[^f00125]: S.I. 2003/3226. Regulation 3 was amended by S.I. 2010/2993.

[^f00126]: S.I. 2003/3319. Regulation 25(1) was amended by S.I. 2006/3221 and S.I. 2011/99.

[^f00127]: S.I. 2004/1045.

[^f00128]: Regulation 2(1) was amended by S.I. 2006/3221 and S.I. 2011/99. There are other amendments not relevant to these Regulations.

[^f00129]: Regulation 5(6) was amended by S.I. 2006/3221.

[^f00130]: S.I. 2004/1862.

[^f00131]: Regulation 1(2) was amended byS.I 2006/3221, S.I. 2007/126, S.I. 2010/2628, S.I. 2012/917, S.I. 2013/472 and S.I. 2013/1773. There are other amendments not relevant to these Regulations.

[^f00132]: Regulation 7(1) was amended by S.I. 2007/126. There are other amendments not relevant to these Regulations.

[^f00133]: Regulation 9 was amended by S.I. 2006/3221 and S.I. 2013/472.

[^f00134]: Regulation 10 was amended by S.I. 2006/3221 and S.I.2013/472. There are other amendments not relevant to these Regulations.

[^f00135]: Regulation 15(1)(b) was amended byS.I. 2006/3221 and S.I. 2013/472.

[^f00136]: S.I. 2004/3200. Article 2(1) was amended by S.I. 2006/3221 and S.I. 2011/99.

[^f00137]: S.I.2006/3284. Regulation 23(2) was substituted by S.I. 2008/1803 and by S.I. 2012/829 and amended by S.I. 2013/472.

[^f00138]: S.I. 2007/126. Regulation 4C was inserted by S.I. 2007/763 and amended by S.I. 2010/2628, S.I. 2012/917 and S.I.2013/472.

[^f00140]: Regulation 2(1) has been amended but none of the amendments is relevant to these Regulations.

[^f00141]: Regulation 3 was amended by S.I. 2011/99. There are other amendments but none is relevant to these Regulations.

[^f00142]: Schedule 1 was amended by S.I. 2009/209 and S.I. 2011/99.

[^f00143]: S.I. 2008/346.

[^f00144]: Regulation 1(2) was amended by S.I. 2011/2859 and S.I. 2012/917.

[^f00145]: Regulation 2 was amended by S.I. 2011/2859 and S.I. 2012/917.

[^f00146]: S.I. 2009/209.

[^f00147]: Regulation 2(1) was amended by S.I. 2011/99. There are other amendments but none is relevant to these Regulations.

[^f00148]: Regulation 121 was amended by S.I. 2010/22.

[^f00149]: S.I. 2009/322. Article 1(3) was amended by S.I. 2009/1826. There are other amendments but none is relevant to these Regulations.

[^f00150]: S.I. 2009/774. Article 2 was amended by S.I. 2011/1613.

[^f00151]: S.I. 2009/2999. There are amendments to Regulation 2 but none is relevant.

[^f00152]: S.I. 2010/772. Regulation 35 was substituted by S.I. 2012/1257. There are other amendments but none is relevant to these Regulations.

[^f00153]: S.I. 2011/99, to which there are amendments not relevant to these Regulations.

[^f00154]: S.I. 2011/2699, to which there are amendments not relevant to these Regulations.

[^f00155]: S.I. 2013/165.

[^f00156]: S.I. 2013/556.

[^f00157]: S.I. 2013/644.

[^f00158]: S.I. 2013/1773, to which there are amendments not relevant to these Regulations.

[^f00159]: Revoked by regulation 3.

In the table below—

• (a) the provisions specified in the first column come into force on the dates specified in the second column or cease to have effect on the dates specified in the third column; and

• (b) “transition date” means the date specified in the Commission delegated act to be made under Article 460(1) of the capital requirements regulation for the application of the liquidity coverage requirement.

Provision	Coming into force	Ceasing to have effect
Regulations 11(1)(d) to (f), 11(2) and 11(3)	Transition date	Not applicable
Regulation 12	1st January 2014	Transition date
Regulation 13	Transition date	Not applicable
Regulation 15(6)	Transition date	Not applicable
Regulations 16(5)(c) to (e)	Transition date	Not applicable
Paragraphs 15 and 16 of Part 1 of Schedule 2	Transition date	Not applicable

Editorial notes

[^c2196287]: S.I. 2012/1759.

[^c2196288]: 1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c. 7). By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under s2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed in Brussels on 17th March 1993 (Cm 2183).

[^c2196291]: OJ no L176, 27/6/2013, p.1. For corrigenda see OJ no L208, 2/8/2013 p.68 and OJ no L321, 30/11/2013 p. 6.

[^c2196295]: In particular, “branch”, “credit institution”, “institution” and “investment firm” are defined in Article 4(1) of the capital requirements regulation.

[^c2196296]: In particular, “EBA”, “ESMA”, “FCA”, “PRA”, “PRA-authorised person” and “the Tribunal” are defined in section 417 of FSMA.

[^c2196297]: S.I. 2006/3221; the S.I. has been amended by S.I. 2010/906, S.I. 2010/2628, S.I. 2011/1435, 2012/917 and S.I. 2013/472.

[^c2196321]: Section 1H was inserted by the Financial Services Act 2012 c.21, section 6. There are amendments to this section but none is relevant.

[^c2196322]: Section 3M was inserted by the Financial Services Act 2012, section 6.

[^c2196323]: Section 39 was amended by the Financial Services Act 2012, sections 10 and 114 and Schedule 18 paragraphs 1 and 5.

[^c2196324]: Section 55J(6A) was inserted by S.I. 2013/1773.

[^c2196325]: Section 55R was substituted by the Financial Services Act 2012, section 11.

[^c2196326]: Section 55Z2 was inserted by the Financial Services Act 2012, section 11.

[^c2196327]: Section 86 was substituted by S.I. 2005/1433 and amended by the Finacial Services Act 2012 section 16, and S.I. 2011/1668, S.I. 2012/1538 and S.I. 2013/1125.

[^c2196328]: Section 184 was substituted by S.I. 2009/534 and amended by S.I. 2011/1613.

[^c2196329]: Section 186 was substituted by S.I. 2009/534.

[^c2196330]: Section 188 was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012 (c.21).

[^c2196331]: Section 190 was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012 and S.I. 2011/1043.

[^c2196332]: Section 191G was substituted by S.I. 2009/534 and amenede by section 26 of the Financial Services Act 2012

[^c2196333]: Section 194A was inserted by S.I. 2007/126 and amended by the Financial Services Act 2012, section 12 and schedule 4 paragraph 29 and 33 and S.I. 2012/916.

[^c2196334]: Paragraph 15 comes into force on a date specified in a Commission delegated act. See Schedule 1.

[^c2196335]: Paragraph 16 comes into force on a date specified in a Commission delegated act. See Schedule 1.

[^c2196336]: Section 199(7) was amended by the Financial Services Act 2012, section 12 and Schedule 4 paragraphs 29 and 39 and amended by S.I. 2012/916. There are other amendments to section 199 not relevant to these Regulations.

[^c2196337]: Section 301E was inserted by S.I. 2007/126, substituted by S.I. 2009/534 and amended by S.I. 2011/1613.

[^c2196338]: Section 301M was inserted by S.I. 2007/126, and substituted by S.I. 2009/543.

[^c2196339]: Section 313D was inserted by S.I. 2007/126 and amended by section 36 of the Financial Services Act 2012 and S.I. 2010/1193.

[^c2196340]: Section 342 was amended by Schedule 13, paragraphs 1, 4 to the Financial Services Act 2012 (c.21).

[^c2196341]: Section 343 was amended by Schedule 13, paragraphs 1, 5 to the Financial Services Act 2012.

[^c2196342]: Section 391 was amended by the Financial Services Act 2012, section 37 and Schedule 9 paragraphs 1 and 30. There are other amendments not relevant to these Regulations.

[^c2196343]: Section 417. There are amendments to this section but none are relevant.

[^c2196344]: Section 422 was substituted by S.I. 2009/534.

[^c2196345]: Section 422A was inserted by S.I. 2009/534 and amended by S.I. 2011/1613.

[^c2196346]: Section 425 was amended by S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/2975, S.I. 2007/126, S.I. 2007/3252 and S.I. 2012/1906.

[^c2196347]: Section 425A was inserted by section 24 of the Financial Services Act 2012 and amended by S.I. 2013/655.

[^c2196348]: Paragraph 1(a) was substituted by S.I. 2000/2952.

[^c2196349]: Paragraph 2 was substituted by S.I. 2006/3221 and amended by S.I. 2010/2628 and S.I. 2012/917.

[^c2196350]: Paragraph 5 was amended by S.I.2003/1473 and S.I. 2006/3221. There are other amendments but none is relevant.

[^c2196351]: Paragraph 19 was amended by S.I. 2003/2066 and S.I. 2011/1613 and the Financial Services Act 2012 section 12 and Schedule 4 paragraphs 1 and 10. There are other amendments but none is relevant.

[^c2196352]: Paragrpah 20(3) was amended by S.I. 2003/2066 and S.I. 2007/126.

[^c2196353]: Paragraph 20ZA was inserted by S.I. 2011/1613 and amended by the Financial Services Act 2012 section 12 and Schedule 4 paragraphs 1, 12 and 13.

[^c2196354]: Paragraph 24(1)(b) was amended by S.I. 2000/2952 and S.I. 2006/3221.

[^c2196355]: Paragraph 8(6) was amended by S.I. 2006/3221 and S.I.2011/99.

[^c2196356]: 1974 (c. 74). Section 1(9C) and section 1(9D) were inserted by S.I. 2001/3649.

[^c2196357]: 1974 c. 39. Section 25(1C) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3221, S.I. 2007/126 and S.I. 2011/99. It is repealed by S.I. 2013/1881.

[^c2196358]: 1981 c. 20. Section 33A was inserted by the Courts and Legal Services Act 1990 s82(1) and subsections (9C) and (9D) were inserted by S.I. 2001/3649.

[^c2196359]: 1986 c.53. Section 119 was amended by S.I. 2001/3649, S.I 2006/3221, S.I. 2010/2628 and S.I. 2012/917. There are other amendments which are not relevant for these purposes.

[^c2196360]: Paragraph 23 was amended by the Building Societies Act 1997 c.32, SI 2003/404 and SI 2011/593.

[^c2196361]: 1993 c.8. Sections 9A(8C) and (8D) were inserted by S.I. 2001/3649.

[^c2196362]: 1993 c. 36. Section 70(2) was amended by S.I. 2000/2952, S.I. 2001/3649 and S.I. 2006/3221.

[^c2196363]: 1998 c.11.

[^c2196364]: Section 2A was inserted by section 4 of the Financial Services Act 2012 (c.21).

[^c2196365]: Section 17(7C) was inserted by S.I 2001/3649 and amended by S.I. 2006/3221.

[^c2196366]: Section 9ZA was inserted by section 4 of the Financial Services Act 2012.

[^c2196367]: 2000 c. 11.

[^c2196368]: Schedule 3A was inserted by the Anti-terrorism, Crime and Security Act 2001 c.24, section 3 and Schedule 2(3) paragraphs 5(1) and (6) and substituted by S.I. 2007/3288. Relevant amendments were mande by S.I. 2011/99 and S.I. 2011/2701.

[^c2196369]: Relevant amendments were made by S.I. 2000/2952, S.I. 2006/3221 and S.I. 2011/99.

[^c2196370]: Proceeds of Crime Act 2002 c. 29. Part 1 of Schedule 9 was substituted by S.I. 2007/3287.

[^c2196371]: Paragraph 1(1)(b) was amended by S.I. 2011/99.

[^c2196372]: Paragraph 3(1) was amended by S.I. 2011/99.

[^c2196373]: 2006 c. 46.

[^c2196374]: Section 1173(1) was amended by S.I. 2011/99.

[^c2196375]: Section 1210(3) was amended by S.I. 2008/565, S.I. 2011/99 and S.I, 2012/1809.

[^c2196376]: 2008 c.2. Relevant amendments were made by S.I. 2010/2628 and S.I. 2013/917.

[^c2196377]: 2008 c. 28. Schedule 7 was amended by the Terrorist Asset-Freezing etc. Act 2010 c.38 and S.I. 2011/99.

[^c2196378]: 2009 c.1.

[^c2196379]: Section 14(5) was amended by S.I. 2628/2010.

[^c2196380]: Section 258A was inserted by the Financial Services Act 2012.

[^c2196381]: S.I. 1995/1442. Relevant amendments were made by S.I. 2001/3649 and S.I. 2013/472.

[^c2196382]: S.I.1998/1130. Article 2(3) was amended by S.I. 2006/3221, S.I. 2010/2628 and S.I. 2012/917. There are other amending instruments but none is relevant.

[^c2196383]: S.I. 1999/2979. Regulation 2(1) was amended by S.I. 2006/3221, S.I. 2010/2993 and S.I. 2011/99.

[^c2196384]: S.I. 2000/262.

[^c2196385]: S.I. 2000/309. Paragraph 1 was amended by S.I. 2000/2952, S.I. 2004/1259, S.I. 2006/3221 and S.I. 2011/99. There are other amendments but none is relevant.

[^c2196386]: S.I. 2001/544.

[^c2196387]: Article 3(1) was amended by S.I. 2006/3384 and S.I. 2011/99. There are other amendments not relevant to these Regulations.

[^c2196388]: Article 9C(2) was inserted by S.I. 2002/682 and amended by S.I. 2006/3221. There are other amendments not relevant to these Regulations.

[^c2196389]: S.I. 2001/995.

[^c2196390]: Regulation 3(1) was amended by S.I.2006/3386. There are other amendments not relevant to these Regulations.

[^c2196391]: Paragraph 7B was inserted by S.I. 2006/3386 and amended by S.I.2013/472.

[^c2196392]: S.I. 2001/1217. Regulation 1(2) was amended by S.I. 2006/3414. There are other amendments not relevant to these Regulations.

[^c2196393]: S.I. 2001/1783. Regulation 1(2) was amended by S.I. 2006/3221. There are other amendments not relevant to these Regulations.

[^c2196394]: S.I. 2001/2188.