Part 1

Special Resolution Regime
Chapter 3

Special resolution action

Transfer of securities

Onward transfer
28
1
This section applies where the Treasury have made a share transfer order, in respect of securities issued by a bank, in accordance with section 13(2) (“the original order”).
2
The Treasury may make one or more onward share transfer orders.
3
An onward share transfer order is a share transfer order which—
a
provides for the transfer of—
i
securities which were issued by the bank before the original order and have been transferred by the original order or a supplemental share transfer order, or
ii
securities which were issued by the bank after the original order;
b
makes other provision for the purposes of, or in connection with, the transfer of securities issued by the bank (whether the transfer has been or is to be effected by that order, by another share transfer order or otherwise).
4
An onward share transfer order may not transfer securities to the transferor under the original order.
5
Sections 7 and 9 do not apply to an onward share transfer order (but it is to be treated in the same way as any other share transfer order for all other purposes, including for the purposes of the application of a power under this Part).
6
Before making an onward share transfer order the Treasury must consult—
a
the PRA,
aa
the FCA, and
b
the Bank of England.
7
Section 27 applies where the Treasury have made an onward share transfer order.
S. 28 in force at 21.2.2009 in so far as not already in force by S.I. 2009/296, arts. 2, 3, Sch. para. 1
Pt. 1 restricted (7.1.2010) by Banking Act 2009 (Exclusion of Insurers) Order 2010 (S.I. 2010/35), arts. 1, 2
S. 28 in force at 17.2.2009 for specified purposes by S.I. 2009/296, arts. 2, 3, Sch. para. 1
S. 28(6)(a)(aa) substituted for s. 28(6)(a) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 17 para. 16 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Pt. 1: power to amend conferred (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 17(3)(f), 148(5); S.I. 2014/377, art. 2(1)(b), Sch. Pt. 2
Pt. 1 Ch. 3 formed from ss. 4-83 (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 7