The Bank of England and Financial Services (Consequential Amendments) Regulations 2017

PART 2 Amendments to subordinate legislation

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

21.  In article 2 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(1), before paragraph (2A) insert—

“(2ZA) In this Order references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

Race Relations (Prescribed Public Bodies) (No. 2) Regulations 1994

22.  In Schedule 2 to the Race Relations (Prescribed Public Bodies) (No. 2) Regulations 1994(2) (prescribed public bodies), in the entry for the Bank of England, after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”.

Financial Markets and Insolvency (Settlement Finality) Regulations 1999

23.  In regulation 2 of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999(3) (interpretation), in paragraph (2) before sub-paragraph (a) insert—

“(za) references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority;”.

Land Registration Rules 2003

24.—(1) In the Land Registration Rules 2003(4)—

(a) in Schedule 1 (schedule 1 forms referred to in rules 206, 207A and 210), in Form CIT, in certificate Q, after “a person authorised to apply on behalf of the Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”, and

(b) in Schedule 5 (applications in connection with court proceedings, insolvency and tax liability – qualifying applicants and appropriate certificates), in the first column of the Table, in the entry “A person authorised to apply on behalf of the Bank of England” after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

(2) Forms of the kind mentioned in paragraph (1)(a) may be used after the coming into force of these Regulations even though they do not contain the wording inserted by paragraph (1)(a) and references to the Bank of England in those forms are to be read as references to the Bank acting otherwise than in its capacity as the Prudential Regulation Authority.

Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003

25.  In article 3 of the Proceeds of Crime Act 2002 (Disclosure of Information to and by the Lord Advocate and Scottish Ministers) Order 2003(5) (disclosure of information by Lord Advocate and by Scottish Ministers), in paragraph (b), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

Credit Institutions (Reorganisation and Winding up) Regulations 2004

26.  In regulation 10 of the Credit Institutions (Reorganisation and Winding up) Regulations 2004(6) (notification to EEA regulators), in paragraph (3), after “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

Financial Assistance Scheme (Appeals) Regulations 2005

27.  In regulation 28 of the Financial Assistance Scheme (Appeals) Regulations 2005(7) (restriction on use of documents and information provided for investigations), in paragraph (3)(fb), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

28.  In section 461 of the Companies Act 2006(8), as modified and applied to LLPs by regulation 24 of the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008(9), further modify subsection (4)(e) to read as follows—

“(e) for the purpose of enabling or assisting the Bank of England to exercise its functions when acting otherwise than in its capacity as the Prudential Regulation Authority;”.

Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008

29.  In article 3 of the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008(10) (disclosure of information by certain Directors), in paragraph (b), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

Bank Administration (England and Wales) Rules 2009

30.  In rule 4 of the Bank Administration (England and Wales) Rules 2009(11), after paragraph (1)(d) insert—

“(da) “Bank of England” (s 256B(1)),”.

Bank Administration Rules (Northern Ireland) 2009

31.  In rule 4 of the Bank Administration Rules (Northern Ireland) 2009(12), in the appropriate place insert—

““Bank of England” (s. 256B(1)),”.

Bank Administration (Scotland) Rules 2009

32.  In rule 4 of the Bank Administration (Scotland) Rules 2009(13), after paragraph (1)(d) insert—

“(da) “Bank of England” (s 256B(1));”.

Building Society Special Administration (Scotland) Rules 2009

33.  In rule 4 of the Building Society Special Administration (Scotland) Rules 2009(14), in paragraph (1)(l), before paragraph (i) insert—

“(ai) “the Bank of England” (s 256B(1));”.

Companies (Disclosure of Address) Regulations 2009

34.  In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009(15) (specified public authorities)—

(a) in the entry for the Bank of England, after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”, and

(b) omit the entry for the Prudential Regulation Authority.

Overseas Companies Regulations 2009

35.  In Schedule 1 to the Overseas Companies Regulations 2009(16) (specified public authorities)—

(a) in the entry for the Bank of England, after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”, and

(b) omit the entry for the Prudential Regulation Authority.

Building Society Special Administration (England and Wales) Rules 2010

36.  In rule 4 of the Building Society Special Administration (England and Wales) Rules 2010(17) (interpretation), before paragraph (1)(h)(i) insert—

“(ai) “the Bank of England” (s 256B(1)),”.

Equality Act 2010 (Specific Duties) Regulations 2011

37.  In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011(18) (public authorities required to publish information by 31st January 2012), under the heading “Industry, business, finance etc”—

(a) in the entry for the Bank of England, after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”, and

(b) omit the entry for the Prudential Regulation Authority.

Postal Services Act 2011 (Disclosure of Information) Order 2012

38.  In article 3 of the Postal Services Act 2011 (Disclosure of Information) Order 2012(19) (prescription of bodies and persons), in the entry for the Bank of England, after the words “Bank of England” insert “acting otherwise than in its capacity as the Prudential Regulation Authority”.

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

39.  In article 2 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013(20) (interpretation), after paragraph (1) insert—

“(1A) In this Order references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

Bank Recovery and Resolution (No. 2) Order 2014

40.  In article 2 of the Bank Recovery and Resolution (No. 2) Order 2014(21) (interpretation), in paragraph (1), in the definition of “the Bank”, after the words “Bank of England” insert “acting otherwise than in its capacity as the Prudential Regulation Authority”.

Building Society Special Administration Rules (Northern Ireland) 2014

41.  In rule 4 of the Building Society Special Administration Rules (Northern Ireland) 2014(22), before paragraph 2(a)(i) insert—

“(ai) “the Bank of England” (s. 256B(1)),”.

Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) Regulations 2014

42.  In the Schedule to the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) Regulations 2014(23) (persons and functions in respect of which disclosure is permitted), in the Table, in the entry relating to the Bank of England, in the second column, after the words “Its public functions” insert “, apart from its functions as the Prudential Regulation Authority”.

Companies (Disclosure of Date of Birth Information) Regulations 2015

43.  In Schedule 1 to the Companies (Disclosure of Date of Birth Information) Regulations 2015(24) (specified public authorities)—

(a) in the entry for the Bank of England, after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”, and

(b) omit the entry for the Prudential Regulation Authority.

Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015

44.  In Schedule 4 to the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015(25) (specified “public authorities” and list of government departments and other bodies whose views must be sought), in the Table, in the entry relating to the Prudential Regulation Authority, for the words in column (2) substitute “the Governor and Company of the Bank of England”.

Small and Medium Sized Business (Credit Information) Regulations 2015

45.  In regulation 7 of the Small and Medium Sized Business (Credit Information) Regulations 2015(26) (designated credit reference agencies to provide information to the Bank of England), omit paragraphs (3)(a), (4) and (5) and in paragraph (3)(b) omit the word “other”.

Register of People with Significant Control Regulations 2016

46.  In Schedule 3 to the Register of People with Significant Control Regulations 2016(27) (specified public authorities)—

(a) in the entry for the Bank of England, after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”, and

(b) omit the entry for the Prudential Regulation Authority.

(1)

S.I. 1975/1023; relevant amending instruments are S.I. 2001/3816, 2007/2149, 2011/99, 2011/1800, 2013/472, 2013/504, 2013/1198, 2013/1388 and 2013/1773.

(2)

S.I. 1994/1986.

(3)

S.I. 1999/2979, amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(4)

S.I. 2003/1417, Schedule 1 was substituted S.I. 2008/1919 and form CIT in Schedule 1 was subsequently amended by S.I. 2009/2748, 2013/2318, 2014/834 and 2014/2371. Schedule 5 was amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(5)

S.S.I. 2003/93, amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(6)

S.I. 2004/1045; relevant amending instruments are S.I. 2013/472, 2013/3115 and 2014/3348.

(7)

S.I. 2005/3273, amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(8)

2006 c.46; section 461 was amended by the Financial Services Act 2012, Schedule 18, Part 2, paragraph 112.

(9)

S.I. 2008/1911; relevant amending instruments are S.I. 2011/1043, 2012/1439, 2012/1741, 2013/472 and 2014/1815.

(10)

S.I. 2008/1909, amended by S.I. 2013/472.

(11)

S.I. 2009/357; to which there are amendments not relevant to these Regulations. Section 256B of the Banking Act 2009 (c.1) was inserted by the Bank of England and Financial Services Act 2016, Schedule 2, Part 2, paragraph 62.

(12)

S.R. (N.I.) 2009 No. 63; to which there are amendments not relevant to these Regulations.

(13)

S.I. 2009/350 (S.4); to which there are amendments not relevant to these Regulations.

(14)

S.I. 2009/806 (S.3), amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(15)

S.I. 2009/214, amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(16)

S.I. 2009/1801, amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(17)

S.I. 2010/2580, amended by S.I. 2013/496; there are other amending instruments but none is relevant.

(18)

S.I. 2011/2260, amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(19)

S.I. 2012/1128, amended by S.I. 2013/472; there are other amending instruments but none is relevant.

(20)

S.S.I. 2013/50; relevant amending instruments are S.I. 2013/472, 2013/504 and 2013/1388.

(21)

S.I. 2014/3348.

(22)

S.R. (N.I.) 2014 No. 40.

(23)

S.I. 2014/882.

(24)

S.I. 2015/1694; to which there are amendments not relevant to these Regulations.

(25)

S.I. 2015/17.

(26)

S.I. 2015/1945.

(27)

S.I. 2016/339.