Health and Social Care Act 2012

145Borrowing
This sectionnoteType=Explanatory Notes has no associated

(1)Monitor may—

(a)borrow from a deposit-taker such sums as it may from time to time require for exercising its functions under this Chapter;

(b)give security for sums that it borrows.

(2)But Monitor may not borrow if the effect would be—

(a)to take the aggregate amount outstanding in respect of the principal of sums borrowed by it over such limit as the Secretary of State may by order specify, or

(b)to increase the amount by which the aggregate amount so outstanding exceeds that limit.

(3)In this section, “deposit-taker” means—

(a)a person who has permission under Part 4 of the Financial Services and Markets Act 2000, or

(b)an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits.

(4)The definition of “deposit-taker” in subsection (3) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000,

(b)any relevant order under that section, and

(c)Schedule 2 to that Act.