UK Statutory Instrument SI 2014 United Kingdom

Bank Recovery and Resolution (No. 2) Order 2014

Enforced by
PRA
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory provisions

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.art001 Citation and commencement
s.art002 Interpretation
s.art003 Application of Order
Part 2

Designation of authorities and competent ministry

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.art004 Designation of the Bank as resolution authority
s.art005 Designation for the purposes of Article 59 of the recovery and resolution directive
s.art006 Designation of the Treasury as the ministry responsible for exercising the functions of the competent ministry
Part 3

Recovery and resolution planning

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.art007 Recovery planning: preparatory steps and simplified obligations
s.art008 Resolution planning: preparatory steps and simplified obligations
s.art009 Consultation with the Financial Policy Committee
s.art010 Provision of information to EBA
Part 4

Recovery plans

0 of 25 sections shown
25 other sections in this Part — procedural and definitional
s.art011 Application and interpretation of Chapter 1
s.art012 Assessment of plan
s.art013 Criteria for assessment
s.art014 Revision of plan
s.art015 Business changes and relevant measures
s.art016 Application and interpretation of Chapter 2
s.art017 Duty to transmit a copy of group recovery plan
s.art018 Assessment of group recovery plan
s.art019 Purpose of assessment
s.art020 Timing of assessment of plan
s.art021 Joint assessment of plan
s.art022 Revision of plan
s.art023 Business changes and relevant measures
s.art024 Recovery plan for group institution
s.art025 References to EBA
s.art026 Requesting the assistance of EBA
s.art027 Application and interpretation of Chapter 3
s.art028 Purpose of assessment
s.art029 Joint assessment of plan
s.art030 Assessment of recovery plans drawn up on an individual basis
s.art031 References to EBA
s.art032 Requesting the assistance of EBA
s.art033 Review of recovery plan
s.art034 Review of group recovery plan assessed under Chapter 2
s.art035 Review of group recovery plan assessed under Chapter 3
Part 5

Resolution plans

1 of 23 sections shown
s.art037 The Bank's duty to draw up resolution plans Regulated
Other duties (1) — Crown / regulator
  • Bank of England must draw up resolution plans for each relevant institutionStatutory regulator
22 other sections in this Part — procedural and definitional
s.art036 Interpretation of Chapter 1
s.art038 Duty to transmit a copy of the resolution plan
s.art039 Application of Chapter 2
s.art040 The Bank's duty to draw up group resolution plans
s.art041 Information to be transmitted for the purpose of drawing up group resolution plans
s.art042 Joint decision on adoption of group resolution plan
s.art043 References to EBA
s.art044 Requesting the assistance of EBA
s.art045 Duty to transmit a copy of the group resolution plan
s.art046 Application and interpretation of Chapter 3
s.art047 Joint decision on adoption of group resolution plan
s.art048 Failure to reach joint decision: disagreement by the Bank with a joint proposal
s.art049 Failure to reach joint decision: agreement by the Bank with a joint proposal
s.art050 Resolution plan for group entity
s.art051 References to EBA
s.art052 Requesting the assistance of EBA
s.art053 Review of resolution plan
s.art054 Review of group resolution plan drawn up by the Bank
s.art055 Review of group resolution plan drawn up by another resolution authority
s.art056 Information required for resolution planning
s.art057 Notice of matters which could necessitate an amendment of a plan
s.art058 Records of financial contracts
Part 6

Assessment of resolvability and removal of impediments to resolvability

0 of 25 sections shown
25 other sections in this Part — procedural and definitional
s.art059 Application and interpretation of Chapter 1
s.art060 Assessment of resolvability
s.art061 Application and interpretation of Chapter 2
s.art062 Assessment of group resolvability where the PRA or FCA is the consolidating supervisor
s.art063 Assessment of group resolvability where neither the PRA nor the FCA is the consolidating supervisor
s.art064 Application and interpretation of Chapter 3
s.art065 Notice of determination
s.art066 Effect of notice of determination
s.art067 Right of appeal
s.art068 Application and interpretation of Chapter 4
s.art069 Report on substantive impediments to the resolvability of group entities
s.art070 Suspension of requirement to draw up or review group resolution plan
s.art071 Determining remedial measures
s.art072 Joint decision on impediments to group resolvability and remedial measures
s.art073 References to EBA
s.art074 Requesting the assistance of EBA
s.art075 Application and interpretation of Chapter 5
s.art075 Report on substantive impediments to the resolvability of group entities
s.art076 Suspension of requirement to draw up or review group resolution plan
s.art077 Determining remedial measures
s.art078 Joint decision on impediments to group resolvability and remedial measures
s.art079 Failure to reach joint decision: disagreement by the Bank with joint proposals
s.art080 Failure to reach joint decision: agreement by the Bank with joint proposals
s.art081 References to EBA
s.art082 Requesting the assistance of EBA
Part 7

Intra-group financial support

5 of 25 sections shown
s.art101 Interpretation of Chapter 4

amended 4 times

s.art102 Relevant notice from UK group entity: decision by the PRA or FCA

amended 3 times

s.art103 Duties of consolidating supervisor where financial support agreed, prohibited or restricted

amended 2 times

s.art104 Re-assessment of recovery plans by the PRA or FCA where it is not the consolidating supervisor

amended 1 time

s.art105 Requesting the assistance of EBA

amended 1 time

20 other sections in this Part — procedural and definitional
s.art083 Application and interpretation of Chapter 1
s.art084 Review of group financial support agreement and decision on authorisation
s.art085 Duty to transmit a copy of application
s.art086 Joint decision with other competent authorities
s.art087 References to EBA
s.art088 Requesting the assistance of EBA
s.art089 Duty to transmit a copy of authorised agreement
s.art090 Amendment of authorised agreement
s.art091 Application and interpretation of Chapter 2
s.art092 Review of group financial support agreement and decision on authorisation
s.art093 Joint decision with other competent authorities
s.art094 References to EBA
s.art095 Requesting the assistance of EBA
s.art096 Amendment of authorised agreement
s.art097 Interpretation of Chapter 3
s.art098 Requirement for approval of authorised agreement
s.art098 Publication of information concerning group financial support agreements
s.art099 Revocation of authorised agreement
s.art100 Obligation to provide annual report
s.art106 Reciprocal support
Part 8

Early intervention

12 of 14 sections shown
s.art107 Interpretation of Chapter 1

amended 7 times

s.art108 Notice that institution meets the conditions for early intervention

amended 3 times

s.art110 Application and interpretation of Chapter 2

amended 7 times

s.art111 Procedure for early intervention in respect of a UK group entity

amended 9 times

s.art112 Procedure for early intervention in respect of a non-UK group entity

amended 3 times

s.art113 Joint decisions about early intervention

amended 3 times

s.art114 References to EBA

amended 2 times

s.art115 Requesting the assistance of EBA

amended 2 times

s.art116 Application and interpretation of Chapter 3

amended 1 time

s.art117 Procedure for early intervention in respect of a UK group entity

amended 6 times

s.art118 Joint decisions about early intervention

amended 2 times

s.art120 Requesting the assistance of EBA

amended 1 time

2 other sections in this Part — procedural and definitional
s.art109 Deadline for compliance with measure for early intervention
s.art119 References to EBA
Part 9

Minimum requirement for own funds and eligible liabilities

20 of 28 sections shown
s.art121 Interpretation of Chapter 1

amended 4 times

s.art122 Duties of the Bank in relation to minimum requirement

amended 2 times

s.art123 Determination of minimum requirement

amended 11 times

s.art125 Application and interpretation of Chapter 2

amended 11 times

s.art126 Determination of minimum consolidated requirement

amended 15 times

s.art127 Joint determination

amended 2 times

s.art128 References to EBA: determination of minimum consolidated requirement

amended 2 times

s.art129 Review of minimum consolidated requirement

amended 2 times

s.art131 Joint determination of minimum consolidated requirement

amended 1 time

s.art133 Application and interpretation of Chapter 4

amended 3 times

s.art134 Duties of the Bank in relation to minimum requirement

amended 3 times

s.art135 Determination of minimum requirement

amended 5 times

s.art136 Joint determination of minimum requirements

amended 1 time

s.art137 References to EBA: determination of minimum requirement

amended 1 time

s.art138 Review of minimum requirements

amended 1 time

s.art139 Minimum requirement for other group entities set up in the United Kingdom

amended 4 times

s.art142 Determination of minimum requirement

amended 3 times

s.art146 Minimum requirement for other group entities set up in the United Kingdom

amended 1 time

s.art147 Waiver of application of Chapter 4 ...

amended 10 times

s.art148 Meeting minimum requirement through contractual bail-in instruments etc

amended 3 times

8 other sections in this Part — procedural and definitional
s.art124 Review of minimum requirement
s.art130 Application and interpretation of Chapter 3
s.art132 Review of minimum consolidated requirement
s.art140 Application and interpretation of Chapter 5
s.art141 Duties of the Bank in relation to minimum requirement
s.art143 Joint determination of minimum requirements
s.art144 References to EBA: determination of minimum requirement
s.art145 Review of minimum requirements
Part 10

Requirement to write down or convert capital instruments

4 of 5 sections shown
s.art149 Application and interpretation of Part

amended 4 times

s.art150 Determinations under section 6A and 81AA of the Banking Act 2009: preliminary steps for UK group entities

amended 6 times

s.art152 Determination that Case 2, 3, 4 or 5 is satisfied

amended 3 times

s.art153 Joint determination under Article 59(3)(c) of the recovery and resolution directive in relation to a non-UK group entity

amended 1 time

1 other section in this Part — procedural and definitional
s.art151 Regulator to take alternative measures
Part 11

Removal of procedural impediments to application of bail-in tool

2 of 3 sections shown
s.art154 Interpretation of Part

amended 3 times

s.art155 Requirement to increase or remove limit on share capital

amended 4 times

1 other section in this Part — procedural and definitional
s.art156 Removal of impediments to the conversion of liabilities into shares
Part 11

Contractual recognition of bail-in

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.art156 Contractual recognition of bail-in: technical standards
Part 12

Treatment of derivative contracts where bail-in option is applied

1 of 2 sections shown
s.art158 Liabilities arising from derivative contracts

amended 2 times

1 other section in this Part — procedural and definitional
s.art157 Application and interpretation of Part
Part 13

Preparation of business reorganisation plans after application of bail-in tool

12 of 22 sections shown
s.art159 Application and interpretation of Chapter 1

amended 5 times

s.art161 Purpose of assessment

amended 3 times

s.art163 Application and interpretation of Chapter 2

amended 5 times

s.art164 Assessment etc of business reorganisation plan

amended 1 time

s.art165 Application and interpretation of Chapter 3

amended 6 times

s.art166 Duty to transmit a copy of business reorganisation plan

amended 1 time

s.art167 Assessment of business reorganisation plan

amended 3 times

s.art168 Purpose of assessment

amended 3 times

s.art170 Joint assessment of plan

amended 1 time

s.art171 Revision of plan

amended 1 time

s.art173 References to EBA

amended 1 time

s.art174 Requesting the assistance of EBA

amended 1 time

10 other sections in this Part — procedural and definitional
s.art160 Assessment of business reorganisation plan
s.art162 Revision of plan
s.art169 Assessment of plan where every group entity is set up in the United Kingdom
s.art172 Assessment of business reorganisation plans drawn up on an individual basis
s.art175 Application and interpretation of Chapter 4
s.art176 Purpose of assessment
s.art177 Joint assessment of plan
s.art178 Assessment of business reorganisation plans drawn up on an individual basis
s.art179 References to EBA
s.art180 Requesting the assistance of EBA
Part 14

Procedural obligations where an undertaking is failing or likely to fail

3 of 5 sections shown
s.art181 Interpretation of Part

amended 5 times

s.art182 Matters to be notified by the regulator to the Bank

amended 2 times

s.art183 Notification that an undertaking is failing or likely to fail

amended 6 times

2 other sections in this Part — procedural and definitional
s.art184 Duty to send copy of share transfer instrument etc to members and creditors of institution
s.art184 Notifications under articles 182, 183 and 184
Part 15

Applications to the court in relation to resolution action

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.art185 Stay of legal proceedings
s.art186 Remedies on judicial review
Part 16

Cross-border group resolution

2 of 29 sections shown
s.art195 Application of Chapter 3

amended 1 time

s.art196 Establishment and functioning of a European resolution college

amended 3 times

27 other sections in this Part — procedural and definitional
s.art187 Principles for reaching decisions which may have an impact in two or more EEA States
s.art188 Information exchange
s.art189 Requirements for group resolution schemes
s.art190 Application of Chapter 2
s.art191 Duty to establish a resolution college
s.art192 Membership of resolution college
s.art193 Functioning of resolution college
s.art194 Use of an existing resolution college
s.art197 Recognition of third-country resolution action
s.art198 Use of an existing resolution college
s.art199 Application and interpretation of Chapter 4
s.art200 Assessment of impact of notified measures
s.art201 Joint decision on adoption of group resolution scheme
s.art202 Requesting the assistance of EBA
s.art203 Application Chapter 5
s.art204 Bank decision that group subsidiary meets the conditions for resolution
s.art205 Joint decision on adoption of group resolution scheme
s.art206 Failure to reach joint decision: disagreement by the Bank with joint proposals
s.art207 Requesting the assistance of EBA
s.art208 Application and interpretation of Chapter 6
s.art209 Bank decision that EEA parent undertaking meets the conditions for resolution
s.art210 Joint decision on adoption of group resolution scheme
s.art211 Requesting the assistance of EBA
s.art212 Application of Chapter 7
s.art213 Joint decision on adoption of group resolution scheme
s.art214 Failure to reach joint decision: disagreement by the Bank with joint proposals
s.art215 Requesting the assistance of EBA
Part 17

Modified application of company law to banks etc in resolution

6 of 6 sections shown
s.art216 Interpretation of Part

amended 4 times

s.art217 Shadow directorship

amended 3 times

s.art218 Modified application of legislation on cross-border mergers

amended 2 times

s.art219 Modified application of the Companies Act 2006 (disapplication of Takeover Rules)

amended 3 times

s.art220 Modified application of the Companies Act 2006 (disapplication of other requirements)

amended 4 times

s.art220 Modified application of the Companies Act 2006 (shareholders’ rights)

amended 4 times

Part 18

Treasury support for investment firms

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.art221 Investment firms to be treated as financial institutions
Part 19

Miscellaneous provisions

4 of 4 sections shown
s.art222 Continuity

amended 1 time

s.art223 Duty to co-operate

amended 1 time

s.art224 Non-binding co-operation arrangements in line with EBA framework arrangements

amended 1 time

s.art225 Duty to inform EBA of imposition of penalties

amended 1 time

Part 20

Amendments

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.art226 Amendments of primary and secondary legislation
Part 21

Review

1 of 1 section shown
s.art227 Review

amended 1 time

Schedules

Schedules

0 of 76 shown
76 other schedules
s.sch001 Impediments to the effectiveness of resolution action
s.sch001 The context for resolution action
s.sch001 Application for the use of the Bank's facilities
s.sch001 Options for applying the resolution tools and exercising the resolution powers
s.sch002 The context for resolution action
s.sch002 Contents of group resolution plan
s.sch002 . . . . . . . . . ....
s.sch002 In this Schedule, “ group resolution ” means—
s.sch002a In this Schedule, “ entity ” means in relation to...
s.sch002a The additional information referred to in article 8(3)(a) is as...
s.sch002b In this Schedule— (a) “ back-to-back transaction ” means a...
s.sch002b The matters referred to in articles 60(2)(a) and 62(3)(a) are—...
s.sch003 Amendments of FSMA
s.sch003 Credit Institutions (Reorganisation and Winding up) Regulations 2004
s.sch003 Financial Services and Markets Act 2000 (Prescribed Financial Institutions) Order 2013
s.sch003 Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013
s.sch003 Capital Requirements Regulations 2013
s.sch003 Recovery plans
s.sch003 Rules about resolution packs: duty to consult
s.sch003 Special provision relating to adequacy of resolution plans
s.sch003 Recovery plans and resolution packs: restriction on duty of confidence
s.sch003 Amendment of the Financial Services (Banking Reform) Act 2013
s.sch003 Financial Markets and Insolvency (Settlement Finality) Regulations 1999
s.sch003 Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
s.sch003 Financial Collateral Arrangements (No 2) Regulations 2003
s.sch004 In relation to a company under resolution, this Part modifies...
s.sch004 Section 311 (contents of notices of meetings) has effect as...
s.sch004 Part 13 has effect as if the following sections were...
s.sch004 Section 327 (notice required of appointment of proxy etc) has...
s.sch004 Section 330 (notice required of termination of proxy's authority) has...
s.sch004 Part 13 has effect as if section 333A (traded company:...
s.sch004 Section 334 (application to class meetings) has effect as if—...
s.sch004 Section 336 (public companies and traded companies: annual general meeting)...
s.sch004 Section 337 (public companies and traded companies: notice of AGM)...
s.sch004 Part 13 has effect as if the following sections were...
s.sch004 Section 341 (results of poll to be made available on...
s.sch004 Section 145 (effect of provisions of articles as to enjoyment...
s.sch004 Section 352 (application of provisions to class meetings) has effect...
s.sch004 Section 360 (computation of periods of notice etc: clear day...
s.sch004 Section 360A (electronic meetings and voting) has effect as if...
s.sch004 Part 13 has effect as if the following sections were...
s.sch004 In relation to a company under resolution, Part 27 of...
s.sch004 In relation to a company under resolution, this Part modifies...
s.sch004 Section 550 (power of directors to allot shares etc: private...
s.sch004 Section 551 (power of directors to allot shares etc: authorisation...
s.sch004 Part 17 (a company's share capital) has effect as if...
s.sch004 Section 569 (disapplication of pre-emption rights: private company with only...
s.sch004 Section 153 (exercise of rights where shares held on behalf...
s.sch004 Section 570 (disapplication of pre-emption rights: directors acting under general...
s.sch004 Section 571 (disapplication of pre-emption rights by special resolution) has...
s.sch004 Section 586 (public companies: shares must be at least one-quarter...
s.sch004 Section 593 (public company: valuation of non-cash consideration for shares)...
s.sch004 Section 617 (alteration of share capital of limited company) has...
s.sch004 Section 618 (sub-division or consolidation of shares) has effect—
s.sch004 Section 656 (public companies: duty of directors to call meeting...
s.sch004 Section 282 (ordinary resolutions) has effect as if, in subsection...
s.sch004 Section 283 (special resolutions) has effect as if, in subsection...
s.sch004 Section 284 (votes: general rules) has effect as if, in...
s.sch004 Section 303 (members' power to require directors to call general...
s.sch004 Section 307 (notice required of general meeting) has effect as...
s.sch004 Part 13 (resolutions and meetings) has effect as if section...
s.schedule a1 para.1 In this Schedule— (a) “ entity ” means, in relation...
s.schedule a1 para.10 The plan must provide evidence that the management body of...
s.schedule a1 para.11 The plan must include an appropriate framework of indicators established...
s.schedule a1 para.12 The indicators may be of a qualitative or quantitative nature...
s.schedule a1 para.13 The plan must provide details of appropriate arrangements which the...
s.schedule a1 para.14 An entity may— (a) take action under its plan where...
s.schedule a1 para.15 The entity must without delay notify the appropriate regulator of...
s.schedule a1 para.2 A plan must include— (a) a summary of its key...
s.schedule a1 para.3 The plan must provide for measures to be taken by...
s.schedule a1 para.4 In drawing up the plan the entity must not assume...
s.schedule a1 para.5 The plan must include, where applicable, an analysis of the...
s.schedule a1 para.6 The analysis must identify the assets of the entity which...
s.schedule a1 para.7 The plan must include possible measures which could be taken...
s.schedule a1 para.8 The plan must include appropriate conditions and procedures to ensure...
s.schedule a1 para.9 The plan must contemplate a range of scenarios of severe...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.