SCHEDULES

SCHEDULE 17Amendments of Banking Act 2009 related to Part 2 of this Act

PART 1Amendments of Part 1 of the Act

I128

After section 83 insert—

Banks not regulated by PRA

83AModifications of Part

1

In the application of this Part to an FCA-regulated bank the modifications specified in the Table apply.

2

In this section—

  • FCA-regulated bank” means a bank which does not carry on any activity which is a PRA-regulated activity for the purposes of the Financial Services and Markets Act 2000;

  • immediate group” has the meaning given by section 421ZA of the Financial Services and Markets Act 2000;

  • PRA-authorised person” has the meaning given by section 2B(5) of that Act.

TABLE OF MODIFICATIONS

Provision

Modification

Section 7

a

Treat the references to the PRA in subsections (1), (4), (4A) and (5) as references to the FCA.

b

Ignore subsection (5)(aa).

c

If the bank has as a member of its immediate group a PRA-authorised person the FCA must consult the PRA before determining whether or not Condition 2 is met.

Section 8

Subsection (3)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 9

Subsection (4)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 24

Ignore subsection (1)(c).

Section 25

Ignore subsection (2)(c).

Section 26

Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 26A

Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 27

Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 28

Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 29

Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 30

Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 31

Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 41

Ignore subsection (1)(c).

Section 42

Subsection (5)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 42A

Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 43

Subsection (7)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 44

Subsection (6)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 45

Subsection (8)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 46

Subsection (7)(a) does not apply unless the bank has as a member of its immediate group a PRA-authorised person.

Section 81B

a

Treat the reference to the PRA in subsection (2) as a reference to the FCA.

b

Ignore subsection (6)(b).

Section 82

a

Treat the reference to the PRA in subsection (2) as a reference to the FCA.

b

Ignore subsection (5)(a).