Information to be transmitted for the purpose of drawing up group resolution plans
41.—(1) For the purposes of drawing up and adopting a group resolution plan the Bank must send relevant information—
(a)to EBA;
(b)where the plan is being drawn up by the Bank jointly with other resolution authorities, to those authorities;
(c)to the authorities which must be consulted under article 40(5).
(2) This article does not require any information to be disclosed if its disclosure would be contrary to section 348 of FSMA as applied for the purposes of Part 1 of the Banking Act 2009 (with modifications) by section 89L of that Act(1) (restrictions on disclosure of confidential information).
(3) In this article “relevant information” means information which is provided to the Bank by the appropriate regulator or is otherwise available to the Bank and—
(a)in the case of EBA, is required to enable EBA to exercise its functions in relation to drawing up a group resolution plan;
(b)in the case of the resolution authority for a group entity (other than the Bank), is required for the purpose of drawing up a group resolution plan jointly with the Bank;
(c)in the case of an authority which must be consulted under article 40(5)—
(i)is relevant to a group entity set up in the EEA State in which the authority is established;
(ii)is relevant to a significant branch situated in that State; or
(iii)is otherwise required to enable the authority to make an effective response to consultation by the Bank.
Section 89L was inserted by S.I. 2014/3329.