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The Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 No. 2220

Appointment and determinations of the valuer

This section has no associated Explanatory Memorandum

13.—(1) Where the person appointed as valuer to make the determinations under section 214D(3) is not the same person as appointed in accordance with an order made under section 54 of the 2009 Act, Part 1 of Schedule 2 shall apply.

(2) The Treasury may specify any principles, methods or matters to be applied, used or taken into account by the valuer when making the determinations under section 214D(3).

(3) The valuer may—

(a)do anything necessary or desirable for the purposes of or in connection with making the determinations, and

(b)apply to the court for an order requiring the provision of information reasonably required for making the determinations in paragraph (1) (and, in that event, paragraph 11 of Schedule 2 shall apply).

(4) Part 2 of Schedule 2 applies to information obtained by the valuer in connection with making the determinations.

(5) When the valuer has made the determinations, the valuer shall give the scheme manager and the Treasury notice in writing (“the determination notice”).

(6) The determination notice must contain the following information—

(a)the date on which it is issued;

(b)the determinations made by the valuer under section 214D(3); and

(c)the assumptions and calculations relevant to those determinations.

(7) The scheme manager may publish the determination notice on the scheme’s website or in such other way as the scheme manager thinks fit.

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