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Banking Act 2009, Section 136 is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This Part provides for a procedure to be known as bank administration.
(2)The main features of bank administration are that—
(a)it is used where part of the business of a bank is sold to a commercial purchaser in accordance with section 11 or transferred to a [F1resolution company] in accordance with section 12 [F2or 12ZA] (and it can also be used in certain cases of multiple transfers under Part 1),
(b)the court appoints a bank administrator on the application of the Bank of England,
(c)the bank administrator is able and required to ensure that the non-sold or non-transferred part of the bank (“the residual bank”) provides services or facilities required to enable the commercial purchaser (“the private sector purchaser”) or the transferee (“the [F1resolution company] ”) to operate effectively, and
(d)in other respects the process is the same as for normal administration under the Insolvency Act 1986, subject to specified modifications.
(3)The Table describes the provisions of this Part.
Sections | Topic |
---|---|
Sections 136 to 140 | Introduction |
Sections 141 to 148 | Process |
Sections 149 to [F3152A] | Multiple transfers |
Sections 153 and 154 | Termination |
Sections 155 to 168 | Miscellaneous |
Textual Amendments
F1Words in s. 136(2) substituted (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 26(2)(a)
F2Words in s. 136(2)(a) inserted (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 26(2)(b)
F3Word in s. 136(3) substituted (31.12.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 2 para. 28; S.I. 2014/3160, art. 2(1)(b)
Commencement Information
I1S. 136 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 3
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