F1PART 9ARules and Guidance

Annotations:
Amendments (Textual)
F1

Pt. 9A substituted for ss. 138-164 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 24(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

CHAPTER 1Rule-making powers

General rule-making powers of the FCA and the PRA

137KF2Rules about resolution packs: duty to consult

1

Before F4either regulator prepares a draft of any general rules that require F6a relevant person (or F6a relevant person of a specified description) to prepare a F7resolution pack, F5the regulator must consult—

a

the Treasury, and

b

the Bank of England.

F92

“Relevant person” has the same meaning as in section 137J(2).

3

A “F8resolution pack” is a document containing information within subsection (4) or (5).

4

Information is within this subsection if it relates to action to be taken in the event of—

a

circumstances arising in which it is likely that the business (or any part of the business) of an authorised person will fail, or

b

the failure of the business (or any part of the business) of an authorised person.

5

Information is within this subsection if it would facilitate anything falling to be done by any person in consequence of that failure.

6

An example of information within subsection (5) is information that, in the event of that failure, would facilitate—

a

planning by the Treasury in relation to the possible exercise of any of its powers under Part 1 of the Banking Act 2009, or

b

planning by the Bank of England in relation to the possible exercise of any of its powers under Part 1, 2 or 3 of that Act.

F37

In this section “authorised person”, in relation to the PRA, means PRA-authorised person.