Schedule 17A, Part 3, paragraph 34

An application for an administration order in respect of a recognised clearing house or a recognised CSD may not be determined unless the conditions below are satisfied. A petition for a winding up order in respect of a recognised clearing house or a recognised CSD may not be determined unless the conditions below are satisfied. A resolution for voluntary winding up of a recognised clearing house or a recognised CSD may not be made unless the conditions below are satisfied. An administrator of a recognised clearing house or a recognised CSD may not be appointed unless the conditions below are satisfied. Condition 1 is that the Bank of England has been notified— by the applicant for an administration order, that the application has been made, by the petitioner for a winding up order, that the petition has been presented, by the recognised clearing house or the recognised CSD, that a resolution for voluntary winding up may be made, or by the person proposing to appoint an administrator, of the proposed appointment. Condition 2 is that a copy of the notice complying with Condition 1 has been filed (in Scotland, lodged) with the court (and made available for public inspection by the court). Condition 3 is that— the period of 2 weeks, beginning with the day on which the notice is received, has ended, or the Bank of England has informed the person who gave the notice that— it has no objection to the order, resolution or appointment being made, and it does not intend to exercise a stabilisation power under Schedule 11 to the Financial Services and Markets Act 2023. Arranging for the giving of notice in order to satisfy Condition 1 can be a step with a view to minimising the potential loss to a recognised clearing house's or a recognised CSD’s creditors for the purpose of section 214 of the Insolvency Act 1986 (wrongful trading). In this paragraph “the court” means— in England and Wales, the High Court, in Scotland, the Court of Session, and in Northern Ireland, the High Court.

← 2 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-09-04