Modifications etc. (not altering text)
C1Pt. 1 restricted (7.1.2010) by Banking Act 2009 (Exclusion of Insurers) Order 2010 (S.I. 2010/35), arts. 1, 2
C2Pt. 1: power to amend conferred (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 17(3)(f), 148(5); S.I. 2014/377, art. 2(1)(b), Sch. Pt. 2
Textual Amendments
F1Pt. 1 Ch. 3 formed from ss. 4-83 (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 7
(1)This section sets out the special resolution objectives.
(2)The relevant authorities shall have regard to the special resolution objectives in using, or considering the use of—
(a)the stabilisation powers,
(b)the bank insolvency procedure, or
(c)the bank administration procedure.
(3)For the purpose of this section the relevant authorities are—
(a)the Treasury,
[F2(b)the PRA,
(ba)the FCA, and]
(c)the Bank of England.
[F3(3A)Objective 1 is to ensure the continuity of banking services in the United Kingdom and of critical functions.
(4)Objective 2 is to protect and enhance the stability of the financial system of the United Kingdom, including in particular by—
(a)preventing contagion (including contagion to market infrastructures such as investment exchanges, clearing houses [F4, recognised CSDs within the meaning of section 285 of the Financial Services and Markets Act 2000] and central counterparties [F5authorised or recognised in the United Kingdom in accordance with Article 14 or 25] of Regulation (EU) 648/2012 of the European Parliament and the Council of 4th July 2012 on OTC derivatives, central counterparties and trade repositories) [F6as it forms part of [F7assimilated] law], and
(b)maintaining market discipline.
(5)Objective 3 is to protect and enhance public confidence in the stability of the financial system of the United Kingdom.
(6)Objective 4 is to protect public funds, including by minimising reliance on extraordinary public financial support.
[F8(7)Objective 5 is to protect investors and depositors to the extent that they have investments or deposits covered by the FSCS.]
(8)Objective 6, which applies in any case in which client assets may be affected, is to protect those assets.
(9)Objective 7 is to avoid interfering with property rights in contravention of a Convention right (within the meaning of the Human Rights Act 1998).]
(10)The order in which the objectives are listed in this section is not significant; they are to be balanced as appropriate in each case.
Textual Amendments
F2S. 4(3)(b)(ba) substituted for s. 4(3)(b) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 17 para. 5 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F3S. 4(3A)-(9) substituted for s. 4(4)-(9) (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 8(2)
F4Words in s. 4(4)(a) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 13 (with regs. 7(4), 9(1))
F5Words in s. 4(4)(a) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 1 para. 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in s. 4(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020 (S.I. 2020/1385), regs. 1(4), 39(3)
F7Word in s. 4(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 68(2)(b)
F8S. 4(7) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 1 para. 7(3); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 4 in force at 21.2.2009 by S.I. 2009/296, art. 3, Sch. para. 1