Banking Act 2009 — United Kingdom law | Esheria

Banking Act 2009

This Part sets out the bank special resolution regime, including who it applies to, the authorities involved, and the Bank of England’s and Treasury’s powers and procedures.

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Jurisdiction
United Kingdom
Instrument
Act or statute
Version
Undated source snapshot
Language
en
Official source
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Treasury consent bail-in bank administration bank governance bank insolvency bank resolution banking legislation banking regulation banknote issuance bridge banks business reorganisation plans capital instruments compensation compensation scheme contingency funds continuity obligations contract suspension conversion to company digital settlement assets financial collateral financial stability information disclosure information gathering information requests +25 more

Statute overview

About this statute

This Part sets out the bank special resolution regime, including who it applies to, the authorities involved, and the Bank of England’s and Treasury’s powers and procedures. This provision gives the Treasury and the Bank of England powers and duties for bank resolution, including marketing, transfers, bridge banks, bail-in, and temporary public ownership. The Bank of England and Treasury have several powers to make or modify transfer and resolution instruments, but some instruments require prior consultation or written consent. The Bank of England must report certain special bail-in provisions to the Chancellor, and some resolution documents must be sent, published, and laid before Parliament. If a later valuation is higher, the Bank of England may adjust liabilities or order extra consideration, but not beyond the pre-reduction value of the liability. The Bank of England may temporarily suspend payment, delivery, security-enforcement, or termination rights in certain bank-resolution contracts, subject to narrow exceptions and short time limits.