Part XV

The Financial Services Compensation Scheme

Provisions of the scheme

Contribution to costs of special resolution regime
214B
1
This section applies if—
a
a stabilisation power under Part 1 of the Banking Act 2009 has been exercised in respect of a bank, building society
, credit union or investment firm
within the meaning of that Part (“the institution”); and
b
the Treasury think that the institution was or was likely to have been, or but for the exercise of the power would have become, unable to satisfy claims against it.
2
The Treasury may require the scheme manager to make payments (to the Treasury or any other person) in respect of expenses of a prescribed description incurred (by the Treasury or that person) in connection with the exercise of the power.
3
Subsection (2) is subject to section 214C (limit on amount of special resolution regime payments).
4
In subsection (2) “
expenses
” includes interest at a specified rate on the difference, at any time, between—
a
the total amount of expenses (including interest) incurred at or before that time; and
b
the total amount recovered, or received from the scheme manager, in respect of the institution, at or before that time, by—
i
the Treasury; and
ii
any other person who has incurred expenses in connection with the exercise of the power that are of a description prescribed under subsection (2).
5
Any payment made by the scheme manager under subsection (2) is to be treated for the purposes of this Part as an expense under the compensation scheme.
6
In this section and section 214C “
specified rate
” means a rate specified by the Treasury.
7
Different rates may be specified under different provisions or for different periods.
8
A rate may be specified by reference to a rate set (from time to time) by any person.
Pt. XV (ss. 212-224) excluded (27.4.2002) by The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544), art. 9J (as inserted by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2002 (S.I. 2002/682), arts. 1(2), 4)
Pt. XV (ss. 212-224) modified (2.7.2002) by The Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2002 (S.I. 2002/1501), art. 5
Pt. 15 modified (29.9.2008 at 8.00 a.m.) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), art. 29 (with art. 30(6))
Pt. 15 modified (7.10.2008 at 9.30 a.m.) by The Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 (S.I. 2008/2644), art. 14 (with art. 15(8)
Pt. 15 modified (8.10.2008 at 12.15 p.m.) by The Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008 (S.I. 2008/2674), art. 15 (with art. 16(8))
S. 214B inserted (17.2.2009 for certain purposes and 21.2.2009 otherwise) by Banking Act 2009 (c. 1), ss. 171(1), 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch.
Ss. 214B-214D substituted (8.4.2010) for s. 214B by Financial Services Act 2010 (c. 28), ss. 16(1), 26(1)
Ss. 214B-214D applied (with modifications) (8.4.2010) by Financial Services Act 2010 (c. 28), ss. 16(2), 26(1)
S. 214B applied (with modifications) (17.2.2009 for certain purposes and 21.2.2009 otherwise) by Banking Act 2009 (c. 1), ss. 83(2)(h)(i), 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch.
S. 214B applied (with modifications) by 2009 c. 1, s. 81CA(7) (as inserted (31.12.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 2 para. 7(2); S.I. 2014/3160, art. 2(1)(b))
Words in s. 214B(1)(a) substituted (1.8.2014) by Financial Services Act 2012 (c. 21), ss. 101(10), 122(3) (with Sch. 20); S.I. 2014/1847, art. 2