PART 8Amendments of Banking Act 2009

Special resolution regime and bank administration

96Objectives and conditions

(1)

The Banking Act 2009 is amended as follows.

(2)

In section 3 (interpretation: other expressions), after “this Part—” insert—

““client assets” means assets which an institution has undertaken to hold for a client (whether or not on trust, and whether or not the undertaking has been complied with),”.

(3)

In section 4 (special resolution objectives), after subsection (8) insert—

“(8A)

Objective 6, which applies in any case in which client assets may be affected, is to protect those assets.

(8B)

Objective 7 is to minimise adverse effects on institutions (such as investment exchanges and clearing houses) that support the operation of financial markets.”

(4)

In section 8(2) (Condition A: private sector purchaser and bridge bank)—

(a)

in paragraph (b) for “the banking systems of the United Kingdom, or” substitute “ those systems, ”, and

(b)

after paragraph (c) insert“, or

(d)

the protection of any client assets that may be affected.”

(5)

In section 47 (restriction of partial transfers), for subsection (3) substitute—

“(3)

Provision under subsection (2) may, in particular, refer to—

(a)

particular classes of deposit;

(b)

particular classes of client assets.”

(6)

In the Table in section 261 (index of defined terms), after the entry relating to “central counterparty clearing services”, insert—

“Client assets (Part 1)

3”.