The Banking Act 2009 (Commencement No. 1) Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/296

2009 No. 296 (C. 14)

Banks And Banking

The Banking Act 2009 (Commencement No. 1) Order 2009

Made 16th February 2009

In exercise of the powers conferred by section 263(1) and (3) of the Banking Act 20091, the Treasury make the following Order:

S-1 Citation and interpretation

Citation and interpretation

1.—(1) This Order may be cited as the Banking Act 2009 (Commencement No. 1) Order 2009.

(2) In this Order, “the Act” means the Banking Act 2009.

S-2 Provisions conferring power to make secondary legislation etc

Provisions conferring power to make secondary legislation etc

2. To the extent that the provisions in the Schedule to this Order confer or relate to the power to make subordinate legislation or codes of practice, those provisions come into force on 17th February 2009 for the purpose of enabling subordinate legislation or codes of practice to be made; but no such subordinate legislation or codes of practice may come into force before 21st February 2009.

S-3 Provisions of the Act coming into force on 21st February 2009

Provisions of the Act coming into force on 21st February 2009

3. The provisions of the Act listed in the Schedule to this Order come into force on 21st February 2009.

Dave Watts

Frank Roy

Two of the Lords Commissioners of Her Majesty’s Treasury

16th February 2009

SCHEDULE

SCHEDULE

SCH-1.1

1. Sections 1 to 89 (Part 1 of the Act: the special resolution regime)

SCH-1.2

2. Sections 90 to 135 (Part 2 of the Act: bank insolvency)

SCH-1.3

3. Sections 136 to 168 (Part 3 of the Act: bank administration)

SCH-1.4

4. Sections 169, 171, and 173 to 180 (provisions relating to the Financial Services Compensation Scheme)

SCH-1.5

5. Sections 228 to 231 (Treasury support for banks)

SCH-1.6

6. Sections 232 to 236 (investment banks)

SCH-1.7

7. Section 237 (Banking (Special Provisions) Act 2008, compensation: valuer)

SCH-1.8

8. Sections 244 to 247 (provisions relating to the Bank of England)

SCH-1.9

9. Sections 248 to 250 (provisions relating to the Financial Services Authority)

SCH-1.10

10. Section 251 (financial assistance to building societies)

SCH-1.11

11. Sections 252 and 253 (registration of charges and registration of charges: Scotland)

SCH-1.12

12. Section 257 (meaning of “financial assistance”)

SCH-1.13

13. Section 258 (meaning of “enactment”)

SCH-1.14

14. Section 259 (statutory instruments)

SCH-1.15

15. Section 260 (money)

SCH-1.16

16. Section 261(index of defined terms)

SCH-1.17

17. Section 262 (repeal)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 21st February 2009 various provisions of the Banking Act 2009 (“the Act”).

Regulation 2 enables secondary legislation and codes of practice to be made under the Act on or after 17th February 2009, although any such secondary legislation or code of practice may not come into force before 21st February 2009.

Regulation 3 and the Schedule to the Order specify the provisions of the Act that are brought into force on 21st February 2009.

Part 1 of the Act (sections 1 to 89) makes provision for the special resolution regime (“the regime”). The regime confers powers on the Bank of England...

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