Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 16 April 2013          

28

 

Financial Services (Banking Reform) Bill, continued

 
 

the level of net lending to private non-financial corporations over that

 

reference period.’.

 


 

Mutual societies

 

Chris Leslie

 

Cathy Jamieson

 

Withdrawn  NC18

 

To move the following Clause:—

 

‘After section 50(3)(f) of the Financial Services Act 2012, insert—

 

“(g)    

making provision for the increased diversity of the financial

 

services sector and promotion of mutual societies, including

 

arrangements to measure the number of members of mutual

 

societies, and the market share for mutual societies as a

 

proportion of the UK financial services sector.”.’.

 


 

Bank bail-in regime

 

Chris Leslie

 

Cathy Jamieson

 

Not called  NC19

 

To move the following Clause:—

 

‘(1)    

The Bank of England must, at least once in every year, prepare an assessment of

 

any progress which has been made towards the introduction of a bank bail-in

 

regime in the United Kingdom or, once a bank bail-in regime has been

 

introduced, of its operation.

 

(2)    

If a bank bail-in regime is not in force in the United Kingdom by the end of 2015,

 

the Treasury must by regulations make provision for such a regime.

 

(3)    

an assessment under subsection (1) must include—

 

(a)    

an assessment of how much of the issued debt of banks would be covered

 

by any proposed bank bail-in regime or is covered by the provisions of

 

the bank bail-in regime in force;

 

(b)    

(if a bank bail-in regime is in force) an account of the sorts of companies

 

within groups which have creditors who are covered by the bank bail-in

 

regime and of the sorts of persons who are creditors who are so covered;

 

(c)    

a review of the descriptions of creditors who would be covered by any

 

proposed bail-in regime or are covered by the provisions of the bank bail-

 

in regime in force, and

 

(d)    

an account of progress towards international co-operation in relation to

 

bail-in regimes.

 

(4)    

The Bank of England must send the assessment to the Treasury.

 

(5)    

The Treasury must lay the assessment before Parliament.

 

(6)    

The Bank of England must publish the assessment in such manner as they think

 

fit.


 
 

Public Bill Committee Proceedings: 16 April 2013          

29

 

Financial Services (Banking Reform) Bill, continued

 
 

(7)    

In this section “bank bail-in regime” means provisions under which losses

 

incurred by a bank are to be met by certain descriptions of creditors of the bank

 

should the bank encounter financial difficulties which might otherwise lead to the

 

taking of action which would be likely to have implications for public funds.

 

(8)    

For the purposes of subsection (7) “action having implications for public funds”

 

has the same meaning as in section 78(1) of the Banking Act 2009.

 

(9)    

In this section “bank” means a UK institution which has permission under Part

 

4A of FSMA 2000 to carry on the regulated activity of accepting deposits, other

 

than a building society (within the meaning of the Building Societies Act 1986)

 

or any description of institution excluded by virtue of subsection (2)(b) of section

 

142A of that Act from being a ring-fenced body as defined in subsection (1) of

 

that section.’.

 


 

Annual assessment of developments in respect of risk-weighting

 

Chris Leslie

 

Cathy Jamieson

 

Withdrawn  NC20

 

To move the following Clause:—

 

‘(1)    

The Bank of England must, at least once in every year, prepare an assessment of

 

developments in respect of risk-weighting in relation to banks and building

 

societies.

 

(2)    

The Bank must send the assessment to the Treasury.

 

(3)    

The Treasury must lay the assessment before Parliament.

 

(4)    

The Bank of England must publish the assessment in such manner as they think

 

fit.

 

(5)    

In this section “risk weighting” means the process by which the assets of a bank

 

or building society are accorded a risk weight.

 

(6)    

In this section—

 

“bank” means a UK institution which has permission under Part 4A of

 

FSMA 2000 to carry on the regulated activity of accepting deposits, other

 

than any description of institution excluded by virtue of subsection (2)(b)

 

of section 142A of that Act from being a ring-fenced body as defined in

 

subsection (1) of that section (or a building society);

 

“building society” has the same meaning as in the Building Societies Act

 

1986;

 

“risk weight” means a percentage that is derived from the risk to the value

 

of an asset.’.

 


 

Financial services compensation scheme extension

 

Chris Leslie

 

Cathy Jamieson

 

Not called  NC21

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 16 April 2013          

30

 

Financial Services (Banking Reform) Bill, continued

 
 

‘(1)    

Section 213 of FSMA 2000 (The compensation scheme) is amended as follows.

 

(2)    

In subsection (1A)—

 

(a)    

omit the “and” following paragraph (a),

 

(b)    

after paragraph (b) insert—

 

    

“and

 

(c)    

that where a relevant person operates under more than

 

one brand, the compensation scheme applies to each

 

brand as if each was a separate authorised person.”.

 

(3)    

In subsection 3—

 

(a)    

omit the “and” following paragraph (a),

 

(b)    

after that paragraph insert—

 

“(aa)    

to extend the limit of any compensation payable to

 

persons making a claim in appropriate circumstances

 

where the loss exceeds the limit that would otherwise

 

apply as a result of a temporary high deposit, and”.’.

 


 

Limits on excessive market power

 

Nigel Mills

 

Not called  NC22

 

To move the following Clause:—

 

‘(1)    

With effect from 1 January 2020 no ring-fenced body or group of ring-fenced

 

bodies may have excessive market power in respect of a core banking service.

 

(2)    

For the purposes of section (1) above core banking service means—

 

(a)    

the provision of personal current accounts and overdrafts;

 

(b)    

the provision of liquidity management services for small and medium-

 

sized enterprises;

 

(c)    

the provision of mortgage services;

 

(d)    

the provision of savings accounts;

 

(e)    

the provision of unsecured personal loans.

 

(3)    

For the purposes of section (1) excessive market power is defined as a market

 

share equal to 20% or higher.

 

(4)    

If any ring-fenced body or group of ring-fenced bodies is deemed by the

 

appropriate regulator to have excessive market power in relation to any core

 

banking service for two successive accounting periods, with effect from six

 

months after the end of the second accounting period, the part 4A permission for

 

the ring fenced body or group of ring-fenced bodies shall be treated as having

 

been cancelled as it relates to that core banking service.’.

 


 

Chris Leslie

 

Cathy Jamieson

 

Not called  31

 

Title,  line  4,  after ‘insolvency;’, insert ‘to make provision in relation to a bank bail-in

 

regime;’.


 
 

Public Bill Committee Proceedings: 16 April 2013          

31

 

Financial Services (Banking Reform) Bill, continued

 
 

Chris Leslie

 

Cathy Jamieson

 

Not called  33

 

Title,  line  4,  after ‘insolvency;’, insert ‘to make provision for reports relating to

 

developments in respect of risk-weighting;’.

 

Bill, as amended, to be reported.


 
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