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Banking Act 2009

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Treasury support for banksE+W+S+N.I.

228Consolidated FundE+W+S+N.I.

(1)There shall be paid out of money provided by Parliament expenditure incurred—

(a)by the Treasury for any purpose in connection with Parts 1 to 3 of this Act,

(b)by the Treasury, or by the Secretary of State with the consent of the Treasury, in respect of, or in connection with giving, financial assistance to or in respect of a bank or other financial institution (other than in respect of loans made in accordance with section 229), or

(c)by the Treasury in respect of financial assistance to the Bank of England.

(2)For the purpose of subsection (1)(b) expenditure is incurred in respect of financial assistance in respect of banks or other financial institutions if it is incurred in respect of an activity, transaction or arrangement, or class of activity, transaction or arrangement, which is expected to facilitate any part of the business of one or more banks or other financial institutions; and for that purpose it does not matter—

(a)whether or not that is the sole or principal expected effect of the activity, transaction or arrangement, or

(b)whether the sole or principal motive for the activity, transaction or arrangement is (i) its effect on banks or other financial institutions, (ii) its effect on the economy as a whole, (iii) its effect on a particular industry or sector of the economy, or (iv) its effect on actual or potential customers of banks or other financial institutions.

(3)In this section “financial assistance” has the meaning given by section 257 (and an order under that section may restrict or expand the effect of subsection (2)).

(4)This section has effect in relation to expenditure whether incurred—

(a)before or after Royal Assent, and

(b)in pursuance of obligations entered into before or after Royal Assent.

(5)Expenditure which could be paid out of money provided by Parliament under subsection (1) shall be charged on and paid out of the Consolidated Fund if the Treasury are satisfied that the need for the expenditure is too urgent to permit arrangements to be made for the provision of money by Parliament.

(6)Where money is paid in reliance on subsection (5) the Treasury shall as soon as is reasonably practicable lay a report before Parliament specifying the amount paid (but not the identity of the institution to or in respect of which it is paid).

(7)If the Treasury think it necessary on public interest grounds, they may delay or dispense with a report under subsection (6).

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Commencement Information

I1S. 228 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 5

229National Loans FundE+W+S+N.I.

(1)Where the Treasury propose to make a loan to or in respect of a bank or other financial institution, they may arrange for money to be paid out of the National Loans Fund.

(2)The Treasury may make arrangements under subsection (1) only where they think it necessary to make the loan urgently in order to protect the stability of the financial systems of the United Kingdom.

(3)The Treasury shall determine—

(a)the rate of interest on a loan, and

(b)other terms and conditions.

(4)Sums received by the Treasury in respect of loans by virtue of this section shall be paid into the National Loans Fund.

(5)Neither section 16 of the Banking (Special Provisions) Act 2008 (finance) nor any other enactment restricts the breadth of application of this section.

(6)Where money is paid in reliance on subsection (1) the Treasury shall as soon as is reasonably practicable lay a report before Parliament specifying the amount paid (but not the identity of the institution to or in respect of which it is paid).

(7)If the Treasury think it necessary on public interest grounds, they may delay or dispense with a report under subsection (6).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 229 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 5

230“Financial institution”E+W+S+N.I.

(1)The Treasury may by order provide that a specified institution, or an institution of a specified class, is or is not to be treated as a financial institution for the purposes of section 228 or 229.

(2)An order—

(a)shall be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 230 in force at 17.2.2009 for specified purposes by S.I. 2009/296, arts. 2, 3, Sch. para. 5

I4S. 230 in force at 21.2.2009 in so far as not already in force by S.I. 2009/296, arts. 2, 3, Sch. para. 5

231ReportsE+W+S+N.I.

(1)The Treasury shall prepare reports about any arrangements entered into which involve or may require reliance on section 228(1).

(2)A report must be prepared in respect of—

(a)the period beginning with 1st April 2009 and ending with 30th September 2009, and

(b)each successive period of 6 months;

but no report is required for a period in respect of which there is nothing to record.

(3)The Treasury shall lay each report before the House of Commons as soon as is reasonably practicable.

(4)A report must not—

(a)specify individual arrangements, or

(b)identify, or enable the identification of, individual beneficiaries.

(5)The Treasury must aim to give as much information as possible in a report, subject to subsection (4) and other considerations of public interest.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 231 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 5

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