SCHEDULES

[F1 SCHEDULE 9 N.I.Form and Content of Accounts of Banking Companies and Groups]

F1 1990 NI 5

PART IVF5 N.I.ADDITIONAL DISCLOSURE: EMOLUMENTS AND OTHER BENEFITS OF DIRECTORS AND OTHERS

F5 Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}

1.  The provisions of this Part have effect with respect to the application of Schedule 6 (additional disclosure: emoluments and other benefits of directors and others) to a banking company or the holding company of such a company.

Loans, quasi-loans and other dealings N.I.

2.  Part II of Schedule 6 (loans, quasi-loans and other dealings) does not apply for the purposes of accounts prepared by a banking company, or a company which is the holding company of a banking company, in relation to a transaction or arrangement of a kind mentioned in [F2 section 197, 198, 200, 201 or 203 of the Companies Act 2006], or an agreement to enter into such a transaction or arrangement, to which that banking company is a party.

F2 Words in Sch. 9 Pt. 4 para. 2 substituted (1.10.2007 with application as mentioned in Sch. 4 para. 23(2) of the amending S.I.) (by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3), 10(1), Sch. 4 para. 23(1)(a) (with art. 12)

Other transactions, arrangements and agreements N.I.

3.—(1) Part III of Schedule 6 (other transactions, arrangements and agreements) applies for the purposes of accounts prepared by a banking company, or a company which is the holding company of a banking company, only in relation to a transaction, arrangement or agreement made by that banking company for—

(a) a person who was a director of the company preparing the accounts, or who was connected with such a director, or

(b) a person who was a chief executive or manager ([F3 within the meaning of the Financial Services and Markets Act 2000]) of that company or its holding company.

(2) References in that Part to officers of the company shall be construed accordingly as including references to such persons.

(3) In this paragraph "director" includes a shadow director.

(4) For the purposes of that Part as it applies by virtue of this paragraph, a company which a person does not control shall not be treated as connected with him.

(5) [F4 Sections 252 to 255 of, and Schedule 1 to, the Companies Act 2006 apply] for the purposes of this paragraph as regards the interpretation of references to a person being connected with a director or controlling a company.

F3 SI 2001/3649

F4 Words in Sch. 9 Pt. 4 para. 3(5) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 23(2) of the amending S.I.) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3), 10(1), Sch. 4 para. 23(1)(b) (with art. 12)