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The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023

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Banking Act 2009

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68.—(1) The Banking Act 2009(1) is amended as follows.

(2) In the following provisions for “retained EU” (in each place it appears) substitute “assimilated”

(a)section 3(1), in the definition of “the capital requirements regulation”(2);

(b)section 4(4)(3);

(c)section 6E(6)(4) and (10)(5);

(d)section 11A(8)(6);

(e)section 62A(2A)(7);

(f)section 81ZZBB(10)(b) and (c)(8);

(g)section 81ZBC(10)(b) and (c)(9);

(h)section 81BC(10)(b) and (c)(10);

(i)section 89JA(4)(11), in the text of the modification;

(j)section 258A(1)(12).

(3) In section 206Z6(3)(13) for “retained direct EU” substitute “assimilated direct”.

(2)

Existing section 3 was renumbered as section 3(1) and definitions were inserted by S.I. 2014/3329. Section 3(1) was amended by paragraph 3(2) of Schedule 1 to S.I. 2018/1394 and regulation 39(2) of S.I. 2020/1385. There are other amendments which are not relevant.

(3)

Section 4(4)(a) was amended by paragraph 13 of Schedule 1 to S.I. 2017/1064, paragraph 7(2)(a) of Schedule 1 to S.I. 2018/1394 and regulation 39(3) of S.I. 2020/1385.

(4)

Section 6E was inserted by article 11 of S.I. 2014/3329. Section 6E(6) was substituted by paragraph 11(2) of Schedule 1 to S.I. 2018/1394.

(5)

Section 6E(10) was substituted by paragraph 11(3) of Schedule 1 to S.I. 2018/1394.

(6)

Section 11A was inserted by article 8 of S.I. 2016/1239. Section 11A(8) was inserted by paragraph 15(3) of Schedule 1 to S.I. 2018/1394 and amended by regulation 39(4) of S.I. 2020/1385.

(7)

Section 62A was inserted by article 69 of S.I. 2014/3329. Section 62A(2A) was inserted by paragraph 24(3) of Schedule 1 to S.I. 2018/1394.

(8)

Section 81ZZBB(10) was inserted by regulation 14 of S.I. 2020/1350 and amended by regulation 66(b) of S.I 2020/1350.

(9)

Section 81ZBC(10) was inserted by regulation 15 of S.I. 2020/1350 and amended by regulation 68(b) of S.I 2020/1350.

(10)

Section 81BC(10) was inserted by regulation 16 of S.I. 2020/1350 and amended by regulation 70(b) of S.I. 2020/1350.

(11)

Section 89JA was inserted by article 103 of S.I. 2014/3329. Section 89JA(4) was inserted by article 29(5) of S.I. 2016/1239 and was amended by paragraph 45 of S.I. 2018/1394.

(12)

Section 258A(1) was inserted by section 101(7) of the Financial Services Act 2012 (c. 21), and was amended by paragraph 45(3) of Schedule 2(2) to S.I. 2013/3115 and paragraph 54 of Schedule 1 to S.I. 2018/394.

(13)

Section 206Z6 was inserted by paragraph 1 of Schedule 9 to the Financial Services and Markets Act 2023 (c. 29).

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