Explanatory Notes

Financial Services (Banking Reform) Act 2013

2013 CHAPTER 33

18 December 2013

Commentary

Part 6 – Special Administration for Operators of Certain Infrastructure Systems

Section 115: Objective of FMI administration

269.Section 115 sets out the objective of FMI administration. The objective is (1) to ensure that the relevant recognised inter–bank payment system or securities settlement system is maintained and operated as an efficient and effective system; (2) in instances where the operator of any such system is also a recognised clearing house which provides clearing services without doing so as a central counterparty, to ensure that certain services that it carries on in that capacity continue to be maintained, and (3) to ensure that either as a result of the rescue of the infrastructure company as a going concern or as a result of a transfer of all or part of the undertaking of the infrastructure company to another company or companies, it becomes unnecessary for the FMI administration to continue.