PART 9B

Ring-fencing

Introductory

“Ring-fenced body”
142A
1
In this Act “
ring-fenced body
” means a
UK
institution which carries on one or more core activities (see section 142B) in relation to which it has a Part 4A permission.
2
But “
ring-fenced body
” does not include—
a
a building society within the meaning of the Building Societies Act 1986, or
b
a
UK
institution of a class exempted by order made by the Treasury.
3
An order under subsection (2)(b) may be made in relation to a class of
UK
institution only if the Treasury are of the opinion that the exemption conferred by the order would not be likely to have a significant adverse effect on the continuity of the provision in the United Kingdom of core services.
4
Subject to that, in deciding whether and, if so, how to exercise their powers under subsection (2)(b), the Treasury must have regard to the desirability of minimising any adverse effect that the ring-fencing provisions might be expected to have on competition in the market for services provided in the course of carrying on core activities, including any adverse effect on the ease with which new entrants can enter the market.
5
In subsection (4) “
the ring-fencing provisions
” means ring-fencing rules and the duty imposed as a result of section 142G.
6
An order under subsection (2)(b) may provide for the exemption to be subject to conditions.
7
In this section “
UK
institution
” means a body corporate incorporated in the United Kingdom.
Pt. 9B inserted (1.3.2014 for the insertion of ss. 142A-142F, 142I, 142W-142Z1 for specified purposes, 21.4.2016 for the insertion of s. 142H, 1.1.2019 in so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 4(1), 148(5); S.I. 2014/377, art. 2(1)(b), Sch. Pt. 2; S.I. 2016/512, art. 2(a); S.I. 2018/1306, art. 2(d)
Pt. 9B power to apply (with modifications) conferred (1.1.2019) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 7(2)(b), 148(5); S.I. 2018/1306, art. 2(f)