http://www.legislation.gov.uk/ukpga/2012/21/section/103/2017-11-28Financial Services Act 2012An Act to amend the Bank of England Act 1998, the Financial Services and Markets Act 2000 and the Banking Act 2009; to make other provision about financial services and markets; to make provision about the exercise of certain statutory functions relating to building societies, friendly societies and other mutual societies; to amend section 785 of the Companies Act 2006; to make provision enabling the Director of Savings to provide services to other public bodies; and for connected purposes.texttext/xmlenStatute Law Database2026-04-20Expert Participation2017-11-28 Financial Services Act 2012ActWater Act 2014s. 79(4)s. 94(3)Financial Services Act 2012ActWater Act 2014s. 81(10)s. 94(3) PART 8 103After section 145 of the Banking Act 2009 insert—145A1This section applies where—aa bank administration order has been made, andbthe Treasury are of the opinion that anything done, or proposed to be done, in connection with the exercise of one or more of the stabilisation powers may constitute the granting of aid to which any of the provisions of Article 107 or 108 of TFEU applies (“State aid”).2The Treasury may, in writing, direct the bank administrator to take specified action to enable the United Kingdom to fulfil any of the purposes specified in subsection (3).3The purposes are—ato inform the European Commission that State aid has been, may have been, or may be, given;bto obtain a decision from the Commission whether State aid—ihas been given, oriiwould be given, if the action proposed was taken;cto apply for approval that such aid is, or would be, compatible with the internal market, within the meaning of Article 107 of TFEU;dto comply with any requirements to enable an investigation under Article 108 of TFEU to be carried out;eto comply with any undertaking given to the European Commission in connection with the application for approval referred to in paragraph (c);fto comply with any requests from the Commission relating to the application for approval, including the provision of information;gto comply with any undertakings given to the Commission, or conditions imposed by the Commission, where approval has been given.4Before giving a direction under this section the Treasury must consult the bank administrator.5The bank administrator must comply with the direction within the period of time specified in the direction, or if no period of time is specified, as soon as reasonably practicable.6A direction under this section is enforceable on an application made by the Treasury, by injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988.7A direction may specify circumstances in which the bank administrator is immune from liability in damages.8Immunity by virtue of subsection (7) does not extend to action—ain bad faith, orbin contravention of section 6(1) of the Human Rights Act 1998.9If the United Kingdom has made, or proposes to make, an application to the Council of the European Union under Article 108 of TFEU, references in subsection (3) to the Commission are to be read as including references to the Council.10In this section “TFEU” means the Treaty on the Functioning of the European Union.S. 103 in force at 1.4.2013 by S.I. 2013/423, art. 3, Sch.