http://www.legislation.gov.uk/ukpga/2009/1/section/6ABanking Act 2009An Act to make provision about banking.texttext/xmlenStatute Law Database2026-02-20Expert Participation2026-01-19 Banking Act 2009s. 4(8A) (8B)Financial Services Act 2012s. 96(3)Sch. 20s. 122(3)Banking Act 2009s. 8(2)(d) and wordFinancial Services Act 2012s. 96(4)(b)Sch. 20s. 122(3) Part 1Chapter 3 6A1Section 6B applies in relation to a bank in the cases set out in subsections (2) to (6).2Case 1 is where—athe conditions imposed by sections 7 to 9 on the exercise of a stabilisation power in respect of the bank are met,bthe Bank of England or the Treasury (as the case may be) has decided to exercise the power, andcsection 12AA (mandatory write-down etc in bail-in cases) does not apply.3Case 2 is where—athe PRA is satisfied that Condition 1 in section 7 is met in respect of the bank, andbthe Bank of England is satisfied that—i(ignoring section 6B) Condition 2 in section 7 is met, andiithat Condition will continue to be met unless the action required by section 6B is taken in respect of the bank.4Case 3 is where—athe bank is viable,bit is a subsidiary,crelevant capital instruments issued by it are recognised for the purpose of meeting own funds requirements on an individual basis and on a consolidated basis, andd the Bank of England makes a determination that the group of which the bank is a member will not be viable unless the action required by section 6B is taken in relation to those instruments.5Case 4 is where—athe bank is a parent undertaking,brelevant capital instruments issued by the bank are recognised for the purposes of meeting own funds requirements on an individual basis at the level of the parent undertaking or on a consolidated basis, andcthe Bank of England makes a determination that the group will not be viable unless the action required by section 6B is taken in relation to those instruments.6Case 5 is where—aextraordinary public financial support is required by the bank other than in circumstances where subsection (5E) of section 7 applies by virtue of paragraph (c) of that subsection, andbthe Bank of England is satisfied ... that, in order for the bank to fulfil its own funds requirements, relevant capital instruments of the bank need to be written down or converted into Common Equity Tier 1 instruments (or both).7For the purposes of Case 3, the bank is viable unless—athe PRA is satisfied that the bank is failing or likely to fail (within the meaning of section 7(5C)), andbhaving regard to timing and other relevant circumstances, the Bank of England is satisfied that it is not reasonably likely that (ignoring section 6B and the stabilisation powers) action will be taken by or in respect of the bank that will result in the bank no longer being a bank which is failing or likely to fail.8For the purposes of Cases 3 and 4 a group is not viable if (and only if)—athe consolidating supervisor is satisfied that a requirement under the capital requirements regulationor CRR rules that applies, on a consolidated basis, to a bank which is a member of the group is infringed (or will in the near future be infringed) in a way that justifies action by the consolidating supervisor, andbhaving regard to timing and other relevant circumstances (but ignoring section 6B and the stabilisation powers), it is not reasonably likely that action will be taken by or in respect of the bank that will prevent the requirement being infringed.9In this section—... “on a consolidated basis” means on the basis of the consolidated situation,“consolidated situation” means the situation that results from an entity being treated, for the purposes of the capital requirements regulation or CRR rules (as appropriate), as if that entity and one or more other entities formed a single entity,“consolidating supervisor” means supervisor responsible for the exercise of supervision of an entity on a consolidated basis, “group” has the meaning given in section 3(2)(b),“parent undertaking” has the meaning given by Article 4.1(15)(a) of the capital requirements regulation, and“subsidiary” has the meaning given by Article 4.1(16) of the capital requirements regulation.Pt. 1 restricted (7.1.2010) by Banking Act 2009 (Exclusion of Insurers) Order 2010 (S.I. 2010/35), arts. 1, 2Pt. 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. 2Ss. 6A-6D and cross-heading inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 10Pt. 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), 7Words in s. 6A(6)(b) omitted (16.12.2016) by virtue of The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 6Words in s. 6A(4)(d) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 1 para. 8(2); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 6A(9) omitted (31.12.2020) by virtue of The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 1 para. 8(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 6A(9) substituted (1.1.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 9(3)(b)Words in s. 6A(8)(a) inserted (1.1.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 9(3)(a)