The Financial Services Act 2012 (Transitional Provisions) (Miscellaneous Provisions) Order 2013

PART 3 Control of business transfers

Scheme reports

8.—(1) Paragraph (2) applies if, before the commencement date, the Authority had—

(a) (i) nominated or approved a person under section 109(2)(1) (scheme reports) to make a scheme report, or

(ii) approved a form of report under section 109(3); and

(b) not withdrawn the nomination or approval.

(2) The nomination or approval, as the case may be, is to be treated as if it had been given by the PRA (as well as by the FCA).

Sanction of the court for business transfer schemes: certificates

9.—(1) Paragraphs (2) and (3) apply if, before the commencement date—

(a) an application was made to the court under section 107(2) (application for order sanctioning transfer scheme); and

(b) the court had not made an order under section 111(3) (sanction of the court for business transfer schemes) in respect of the application.

(2) A certificate given by the Authority before the commencement date for the purposes of paragraph 2(1)(a) of Schedule 12(4) (certificates as to margin of solvency) is to be treated as if it had been given by the PRA, if the PRA would have been the relevant authority (within the meaning of sub-paragraph (6) of that paragraph) had the application been made on the commencement date.

(3) A certificate given by the Authority before the commencement date for the purposes of a provision of Schedule 12 listed in paragraph (4) is to be treated as if it had been given by the PRA, if the PRA would have been the appropriate regulator (within the meaning of section 103A(5) (meaning of “the appropriate regulator”)) had the application been made on the commencement date.

(4) The provisions are—

(a) paragraph 2(1)(b) (certificates as to margin of solvency);

(b) paragraph 3 (certificates as to consent);

(c) paragraph 4 (certificates as to long-term business);

(d) paragraph 5 (certificates as to general business);

(e) paragraph 5A(2) (certificates as to legality and as to consent);

(f) paragraph 9 (certificates as to consent of home state regulator).

(5) A certificate given by the Authority before the commencement date for the purposes of paragraph 8(1) of Schedule 12 (certificates as to financial resources) is to be treated as if it had been given by the PRA, if the PRA would have been the relevant authority (within the meaning of sub-paragraph (2) of that paragraph) had the application been made on the commencement date.

(6) A certificate given by the Authority before the commencement date for the purposes of paragraph 9A(1) of Schedule 12 (certificate as to financial resources) is to be treated as if it had been given by the PRA, if the PRA would have been the relevant regulator (within the meaning of sub-paragraph (2) of that paragraph) had the application been made on the commencement date.

(7) Paragraph 8 applies if, before the commencement date—

(a) the Authority gave a certificate under paragraph 10(5) of Schedule 12 (insurance business transfers effected outside the United Kingdom) in respect of a transferee of a proposed transfer of insurance policies; and

(b) an instrument of transfer had not been executed in respect of the proposed transfer.

(8) The certificate is to be treated as if it had been issued by the PRA if, had the certificate been issued on the commencement date, the transferee would have been obliged by the PRA to maintain a margin of solvency.

Order sanctioning business transfer scheme

10.—(1) Paragraph (2) applies if, before the commencement date—

(a) the court made an order under section 112(1)(6) (effect of order sanctioning business transfer scheme); and

(b) the transferee did not deposit two office copies of the order with the Authority for the purposes of section 112(10).

(2) The office copies are to be deposited with the PRA, if the PRA would have been the appropriate regulator (within the meaning of section 103A) had the order been made on the commencement date.

Appointment of actuary in relation to reduction of benefits

11.—(1) Paragraph (2) applies if, before the commencement date—

(a) the court appointed an actuary under section 113(2)(7) (appointment of actuary in relation to reduction of benefits); and

(b) the actuary did not make a report to the Authority.

(2) The report is to be made to the PRA, if the PRA would have been the appropriate regulator (within the meaning of section 103A) had the appointment been made on the commencement date.

(1)

Section 109 is amended by the 2012 Act, Schedule 6, paragraph 3.

(2)

Section 107 was amended by the Dormant Bank and Building Society Accounts Act 2008 (c.31), Schedule 2, paragraph 3.

(3)

Section 111 was amended by the Dormant Bank and Building Society Accounts Act 2008, Schedule 2, paragraph 4.

(4)

Schedule 12 is amended by the 2012 Act, Schedule 6. Paragraph 5A was inserted by S.I. 2007/3253. Paragraph 9A was inserted by the Dormant Bank and Building Society Accounts Act 2008, Schedule 2, paragraph 5. There are other amending instruments but none is relevant.

(5)

Section 103A is inserted by the 2012 Act, Schedule 6, paragraph 2.

(6)

Section 112 is amended by the 2012 Act, Schedule 6, paragraph 5.

(7)

Section 113 is amended by the 2012 Act, Schedule 6, paragraph 7.