Financial Services Act 2012

Insolvency Act 1986 (c. 45)

54 (1) Paragraph 44 of Schedule A1 (moratorium where directors propose voluntary arrangement; modifications relating to regulated companies) is amended as follows.

(2) In sub-paragraphs (2) to (4), for “Authority” substitute “appropriate regulator”.

(3) In sub-paragraph (5)—

(a) for “the Authority”, in the first place, substitute “a regulator”, and

(b) for “the Authority”, in the second place, substitute “the appropriate regulator”.

(4) In sub-paragraph (6), for “Authority” substitute “appropriate regulator”.

(5) In sub-paragraph (7)—

(a) for “the Authority”, in the first place, substitute “a regulator”, and

(b) for “the Authority”, in the second place, substitute “the appropriate regulator”.

(6) In sub-paragraphs (8) to (11), for “Authority” substitute “appropriate regulator”.

(7) In sub-paragraph (12)—

(a) for “the Authority”, in the first place, substitute “a regulator”, and

(b) for “the Authority”, in the second place, substitute “the appropriate regulator”.

(8) In sub-paragraph (13), for “Authority” substitute “appropriate regulator”.

(9) In sub-paragraph (14)—

(a) for “the Authority”, in the first place, substitute “a regulator”, and

(b) for “the Authority”, in the second place, substitute “the appropriate regulator”.

(10) In sub-paragraph (15), for “Authority” substitute “appropriate regulator”.

(11) In sub-paragraph (16)—

(a) for “the Authority”, in the first place, substitute “a regulator”, and

(b) for “the Authority”, in the second place, substitute “the appropriate regulator”.

(12) After sub-paragraph (16) insert—

“(16A) If either regulator makes an application to the court under any of the provisions mentioned in sub-paragraphs (5), (7), (12), (14) or (16) in relation to a PRA-regulated company, the other regulator is entitled to be heard on the application.”

(13) In sub-paragraph (17), for “Authority” substitute “appropriate regulator”.

(14) After sub-paragraph (17) insert—

“(17A) The appropriate regulator” means—

(a) for the purposes of sub-paragraphs (2) to (8) and (10) to (17)—

(i) where the regulated company is a PRA-regulated company, each of the Financial Conduct Authority and the Prudential Regulation Authority, and

(ii) in any other case, the Financial Conduct Authority;

(b) for the purposes of sub-paragraph (9)—

(i) where the regulated company is a PRA-regulated company, the Financial Conduct Authority or the Prudential Regulation Authority, and

(ii) in any other case, the Financial Conduct Authority.”

(15) In sub-paragraph (18)—

(a) for the definition of “the Authority” and the “and” following it substitute—

• ““PRA-authorised person” has the meaning given by section 2B(5) of the Financial Services and Markets Act 2000;

• “PRA-regulated activity” has the meaning given by section 22A of the Financial Services and Markets Act 2000;

• “PRA-regulated company” means a regulated company which—

  (a)

  is, or has been, a PRA-authorised person,

  (b)

  is, or has been, an appointed representative within the meaning given by section 39 of the the Financial Services and Markets Act 2000, whose principal (or one of whose principals) is, or was, a PRA-authorised person, or

  (c)

  is carrying on, or has carried on, a PRA-regulated activity in contravention of the general prohibition;”.

(b) after the definition of “regulated company” insert—

• ““regulator” means the Financial Conduct Authority or the Prudential Regulation Authority.”

(16) In the italic heading, for “Financial Services Authority” substitute “Financial Conduct Authority and Prudential Regulation Authority”.