SCHEDULES

SCHEDULE 14Amendments of Part 24 of FSMA 2000: insolvency

I120

1

Section 372 (bankruptcy petitions) is amended as follows.

2

In subsection (1), for “Authority” substitute “ FCA ”.

3

After that subsection insert—

1A

The PRA may present a petition to the court—

a

under section 264 of the 1986 Act (or Article 238 of the 1989 Order) for a bankruptcy order to be made against an individual who is a PRA-regulated person;

b

under section 5 of the 1985 Act for the sequestration of the estate of an individual who is a PRA-regulated person.

4

In subsection (2), for “such a petition may be presented” substitute “ a petition may be presented by virtue of subsection (1) or (1A) ”.

5

In subsection (4)(a)—

a

for “the Authority”, in the first place, substitute “ a regulator ”, and

b

for “the Authority”, in the second place, substitute “ that regulator ”.

6

In subsection (6)—

a

after “(1)(b)” insert “ or (1A)(b) ”, and

b

in paragraph (a), for “the Authority” substitute “ the regulator by which the petition is presented ”.