The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

Amendment of the Banking Act 1987

5.—(1) The Banking Act 1987(1) is amended as follows.

(2) In section 11(1A)(f)(2), for “the Second Council Directive or” there is substituted “those provisions of the Banking Consolidation Directive which were previously comprised in Directive 89/646/EEC, or of”.

(3) In section 12A(1)(3), for “the Second Council Directive” there is substituted “those provisions of the Banking Consolidation Directive which were previously comprised in Directive 89/646/EEC”.

(4) In section 26A(1)(4), for “article 9(4) of the Second Council Directive” there is substituted “article 23(5) of the Banking Consolidation Directive”.

(5) In sections 52(4)(b)(5) and 60(6)(b)(6), for “Article 2 of Directive 89/299/EEC” there is substituted “Section 1 of Chapter 2 of Title V of the Banking Consolidation Directive”.

(6) In section 84, in subsections (5) and (5A)(7), for “article 12(7) of the First Council Directive” there is substituted “article 30(9) of the Banking Consolidation Directive”.

(7) In section 106:

(a) in subsection (2A)(8), the expressions:

(i) “the First Council Directive;”; and

(ii) “the Second Council Directive;”

are omitted;

(b) for subsection (2B)(9), there is substituted:

“(2B) In this Act “The Banking Consolidation Directive” means Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions.”; and

(c) in subsection (2C), for “those Regulations” there is substituted “the Financial Institutions (Prudential Supervision) Regulations 1996”.

(1)

1987 c. 22.

(2)

Subsection (1A) inserted by S.I. 1992/3218, regulation 28(1).

(3)

Section 12A inserted by S.I. 1992/3218, regulation 29. Amendments not relevant to this amendment inserted by the Bank of England Act 1998. Schedule 5.

(4)

Inserted by S.I. 1992/3218, regulation 32(1).

(5)

Substituted by S.I. 1995/1442, regulation 27(3).

(6)

Substituted by S.I. 1995/1442, regulation 32(3).

(7)

Subsections 5 and 5A were substituted by S.I. 1992/3218, regulation 39(2). Amendments not relevant to this amendment made by the Bank of England Act 1998, Schedule 5, paragraph 54(5).

(8)

Inserted by S.I. 1992/3218, regulation 45(2).

(9)

Inserted by S.I. 1996/1699, Schedule 5, paragraph 2.