PART 12A

Powers exercisable in relation to parent undertakings

Power of direction

Power to direct qualifying parent undertaking
192C
1
The appropriate regulator may give a direction under this section to a qualifying parent undertaking if either the general condition or the consolidated supervision condition is satisfied.
2
The general condition is that the appropriate regulator considers that it is desirable to give the direction in order to advance—
a
in the case of the FCA, one or more of its operational objectives;
b
in the case of the PRA, any of its objectives.
3
The consolidated supervision condition is that—
a
the appropriate regulator is the competent authority for the purpose of consolidated supervision that is required, in relation to some or all of the members of the group of a qualifying authorised person,
in pursuance of—
i
any implementing provision contained in subordinate legislation (within the meaning of the Interpretation Act 1978) made otherwise than by any of the following—
aa
statutory instrument, and
bb
statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)); ...
ii
any other implementing provision (as amended from time to time), ...
iii
Part 9C rules;
iv
CRR rules; or
v
rules made under section 192XA, and
b
the appropriate regulator considers that the giving of the direction is desirable for the purpose of the effective consolidated supervision of the group.
4
In subsection (3)(a)—
- “
consolidated supervision
” includes supplemental supervision;
- “
implementing provision
” has the same meaning as in section 3M.
5
In deciding whether to give a direction under this section, a regulator must have regard—
a
to the desirability where practicable of exercising its powers in relation to authorised persons or recognised investment exchanges rather than its powers under this section, and
b
to the principle that a burden or restriction which is imposed on a person should be proportionate to the benefits, considered in general terms, which are expected to result from its imposition.
6
“
The appropriate regulator
” means—
a
where a direction relates to a qualifying authorised person or recognised investment exchange who is a PRA-authorised person, the FCA or the PRA;
b
in any other case, the FCA.
Word in s. 192C(3)(a)(i)(bb) omitted (17.8.2022) by virtue of The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2022 (S.I. 2022/838), regs. 1(2), 3(a) (with regs. 24-26)
Word in s. 192C(3)(a)(ii) omitted (17.8.2022) by virtue of The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2022 (S.I. 2022/838), regs. 1(2), 3(b) (with regs. 24-26)
S. 192C(3)(a)(iii)-(v) inserted (17.8.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2022 (S.I. 2022/838), regs. 1(2), 3(c) (with regs. 24-26)
Pt. 12A inserted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 27, 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c), Sch. Pts. 2, 3; S.I. 2013/423, art. 3, Sch.
S. 192C(4) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 58(3); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 192C(3)(a) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 58(2); 2020 c. 1, Sch. 5 para. 1(1)