Part 1

Special Resolution Regime
Chapter 3

Special resolution action

Transfer of property

Directors and senior managers
36A
1
A property transfer instrument may enable the Bank of England—
a
to remove a director
or senior manager
of a specified bank;
b
to vary the service contract of a director
or senior manager
of a specified bank;
c
to terminate the service contract of a director
or senior manager
of a specified bank;
d
to appoint a director
or senior manager
of a specified bank.
2
Subsection (1) also applies to a director
or senior manager
of any undertaking which is a banking group company in respect of a specified bank.
3
Appointments under subsection (1)(d) are to be on terms and conditions agreed with the Bank of England.
4
In this section “senior manager” means a person who—
a
exercises executive functions within a specified bank or banking group company, and
b
is responsible, and directly accountable to the directors, for the day to day management of that bank or banking group company.
5
In this section references to a bank include a resolution company (whether or not it is a bank).
Pt. 1 restricted (7.1.2010) by Banking Act 2009 (Exclusion of Insurers) Order 2010 (S.I. 2010/35), arts. 1, 2
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
S. 36A inserted (1.8.2014) by Financial Services Act 2012 (c. 21), ss. 100(4), 122(3) (with Sch. 20); S.I. 2014/1847, art. 2
S. 36A(4)(5) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 36(3)
Words in s. 36A heading inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 36(4)
Words in s. 36A(1) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 36(2)
Words in s. 36A(2) inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 36(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