FCA directionI138

1

The FCA may direct the administrator to prioritise one or more special administration objectives, subject as follows.

2

A direction may only be given if the FCA is satisfied that the giving of the direction is necessary, having regard to the public interest in—

a

the stability of the financial systems of the United Kingdom,

b

the maintenance of public confidence in the stability of the financial markets, payment systems and payment services and electronic money sectors of the United Kingdom, or

c

securing an appropriate degree of protection for users or holders.

3

A direction must be given in writing and should set out reasons for giving the direction.

4

Before giving a direction the FCA must consult the Treasury and the Bank of England.

5

If the FCA thinks that the circumstances that gave rise to the need for it to give a direction have passed, it must withdraw its direction.

F16

Where the FCA has given a direction under this regulation and the direction has not been withdrawn, the following provisions do not apply—

a

in England and Wales and Scotland, paragraphs 49(1) to (3), 51, 53, 54 and 55 of Schedule B1 to the IA 1986;

b

in Northern Ireland, paragraphs 50(1) to (3), 52, 54, 55 and 56 of Schedule B1 to the I(NI)O 1989.