Financial Services and Markets Act 2000

Certificates as to financial resources U.K.

8 (1) A certificate under this paragraph is one given by the relevant authority and certifying that, taking the proposed transfer into account, the transferee possesses, or will possess before the scheme takes effect, adequate financial resources. U.K.

(2) “Relevant authority” means—

[F1 (a) if the transferee is a PRA-authorised person with a Part 4A permission F2 ..., the PRA;

(aa) if the transferee is a person with Part 4A permission F3 ... but is not a PRA-authorised person, the FCA;]

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if the transferee does not fall within paragraph [F5 (a) or (aa)], the authority responsible for the supervision of the transferee’s business in the place in which the transferee has its head office.

(3) In sub-paragraph (2), any reference to a transferee of a particular description of person includes a reference to a transferee who will be of that description if the proposed banking business transfer scheme takes effect.

Textual Amendments

F1 Sch. 12 para. 8(2)(a)(aa) substituted for Sch. 12 para. 8(2)(a) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 6 para. 16(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F2 Words in Sch. 12 para. 8(2)(a) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 109(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 12 para. 8(2)(aa) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 109(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Sch. 12 para. 8(2)(b) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 109(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 12 para. 8(2)(c) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 109(c); 2020 c. 1, Sch. 5 para. 1(1)