163. In the Bank Insolvency (England and Wales) Rules 2009(1)—
(a)in rule 3(2) (application of rules, construction and interpretation)—
(i)omit the definition of “the FSA”;
(ii)after the definition of “the 2009 Act” insert—
“““the appropriate regulator” in relation to a bank means—
if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority;
in any other case, the Financial Conduct Authority;”;
(b)in rule 10 (other persons to receive copy of application)—
(i)in paragraph (1), for sub-paragraph (c) substitute—
“(c)the Financial Conduct Authority, (if it is not the applicant);
(ca)if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000) and the applicant is not the Prudential Regulation Authority, that Authority;”;
(ii)in paragraph (1)(e), for “FSA” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;
(c)in rule 20(2) (appointment of provisional bank liquidator), for sub-paragraph (b) substitute—
“(b)by the Financial Conduct Authority, with the consent of the Bank of England;
(ba)if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), by the Prudential Regulation Authority with the consent of the Bank of England;”;
(d)in rule 73 (disapplication of set off for eligible depositors), in paragraph (6), for the definition of “FSA Rules” substitute—
““appropriate regulator rules” means the rules, as amended from time to time, made under section 213 of the Financial Services and Markets Act 2000 by the Financial Conduct Authority or the Prudential Regulation Authority;”;
(e)in rule 94(2) (removal of bank liquidator by the court), for “FSA” substitute “Financial Conduct Authority, the Prudential Regulation Authority”;
(f)for “FSA” in each other place it appears, substitute “the appropriate regulator”.
S.I. 2009/356, amended by S.I. 2010/2579.