PART 6Special administration for operators of certain infrastructure systems
Introductory
I2111Financial market F13and cash infrastructure administration
This Part—
a
provides for a procedure to be known as FMI administration, F11...
b
restricts the powers of persons other than the Bank of England in relation to the insolvency of infrastructure companies, F12and
c
confers power on the Bank of England to participate in proceedings under Part 26A of the Companies Act 2006 (arrangements and reconstructions: companies in financial difficulty).
I1112Interpretation: infrastructure companies
1
In this Part “infrastructure company” has the meaning given by this section.
2
“Infrastructure company” means a company which is—
a
the operator of a recognised F1... payment system, other than an operator excluded by subsection (3),
F15aa
a recognised DSA service provider,
F16ba
a person recognised for the purposes of Part 5A of the Banking Act 2009 (wholesale cash distribution) as having systemic significance, or
c
a company designated by the Treasury under subsection (4).
3
But a company is not an infrastructure company if it is a recognised central counterparty, as defined by section 285 of FSMA 2000.
4
The Treasury may by order designate a company for the purposes of subsection (2)(c) if—
a
the company provides services to a person falling within subsection F19(2)(a), (b) or (ba), and
b
the Treasury are satisfied that an interruption in the provision of those services would have a serious adverse effect on the effective operation of the recognised F2... payment system or securities settlement system in question F17or, in the case of a person falling within subsection (2)(ba), a relevant function.
5
An order under subsection (4) must specify the recognised F3... payment system or securities settlement system in connection with which the company is designated.
6
Before designating a company under subsection (4), the Treasury must consult—
a
the company to be designated,
b
the person within subsection F20(2)(a), (b) or (ba) to whom the company provides services,
c
the Bank of England,
d
if the company is a PRA-authorised person, the PRA and the FCA, and
e
if the company is an authorised person other than a PRA-authorised person, the FCA.
F147
In subsection (4)(b), “relevant function” means a function performed by the person in relation to wholesale cash distribution.
I3113Interpretation: other expressions
1
In this Part—
“company” means a company registered under the Companies Act 2006;
“operator”, in relation to a recognised F4... payment system, is to be read in accordance with section 183 of the Banking Act 2009;
F9“recognised CSD” has the meaning given by section 285 of FSMA 2000;
F21“recognised DSA service provider” means a DSA service provider, as defined by section 182(5A) of the Banking Act 2009, in respect of which a recognition order under section 184A of that Act is in force;
“recognised F5... payment system” means F6a payment system, as defined by section 182 of the Banking Act 2009, in respect of which a recognition order under section 184 of that Act is in force;
“the relevant system” means—
- a
in relation to an infrastructure company falling within subsection (2)(a) of section 112, the recognised F7... payment system,
- b
in relation to an infrastructure company falling within subsection (2)(b) of that section, the securities settlement system,
- ba
F22in relation to an infrastructure company falling within subsection (2)(ba) of that section, any system used by the company to facilitate or control wholesale cash distribution,
- c
in relation to a company designated under subsection (4) of that section, the recognised F7... payment system or securities settlement system falling within paragraph (b) of that subsection;
- a
“securities settlement system” means a computer-based system, and procedures, which enable title to units of a security to be evidenced and transferred without a written instrument, and which facilitate supplementary and incidental matters.
F23“wholesale cash distribution” and “wholesale cash distribution activities” have the meanings given by section 206E of the Banking Act 2009.
2
Expressions used in the definition of “securities settlement system” in subsection (1) are to be read in accordance with section 783 of the Companies Act 2006.