The Banking Act 2009 (Restriction of Special Bail-in Provision, etc.) Order 2014

Set-off and netting: meaning of “derivative”, “financial contract” and “qualifying master agreement”

5.—(1) In this Order “derivative” means a derivative as defined in Article 2(5) of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4th July 2012 on OTC derivatives, central counterparties and trade repositories(1).

(2) In this Order “financial contract” means any or any combination of the following (other than a derivative)—

(a) a contract for the purchase, sale, transfer or loan of a transferable security, a group of transferable securities or index of transferable securities;

(b) a repurchase or reverse repurchase transaction on any transferable security, group of transferable securities or index of transferable securities;

(c) a commodities contract of a financial nature, including—

(i) a contract for the purchase, sale, transfer or loan of a commodity, a group of commodities or an index of commodities for future delivery;

(ii) a swap or option on a commodity, a group of commodities or an index of commodities;

(iii) a repurchase or reverse repurchase transaction on any such commodity, group or index;

(d) a futures contract, including a contract (other than a commodities contract) for the purchase, sale or transfer of property of any description under which delivery is to be made at a future date and at a price agreed when the contract is made.

(3) In article 4 “qualifying master agreement” means a master agreement in so far as it relates to—

(a) a derivative,

(b) a financial contract, or

(c) a contract for the sale, purchase or delivery of the currency of the United Kingdom or any other country, territory or monetary union.

(1)

OJ L 201, 27.7.2012, p.1.