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Application provision

57.1 This Chapter does not apply to the FSCS.

57.1

01/08/2015

This Chapter does not apply to the FSCS.

57.2

01/08/2015

A firm must, as soon as reasonably practicable and in any event no later than 1 October 2015, notify any affected person identified in accordance with 57.4 about the change to the coverage level.

57.3

01/08/2015

A notification under 57.2 must include:

  1. (1) a statement explaining that on 1 January 2016, the affected person’s eligible deposits will be covered by the FSCS up to the coverage level; and
  2. (2) an explanation of how the affected person may request to reduce their aggregate eligible deposits in accordance with 57.6.

57.4

01/08/2015

A firm

  1. (1) must identify its affected persons for the purposes of 57.2 by reference to a date that is as close as reasonably practicable to the date on which it starts sending those notifications; and
  2. (2) may exclude restricted persons from the notification in 57.2

57.5

01/08/2015

57.6 applies where the following conditions are met: 

  1. (1) a person (or a person who has authority to act on behalf of that person) makes a request to a firm that has the effect of being a request to reduce that person’s aggregate eligible deposits;
  2. (2) the request is made on or before 31 December 2015;
  3. (3) that person is an affected person on the date on which the request is made; and
  4. (4) the request is not made subsequent to a previous payment made under 57.6.

57.6

01/08/2015

If a firm receives a request that meets the conditions in 57.5, it must, by the earlier of:

  1. (1) two months of receipt of that request; and
  2. (2) 31 January 2016, 

enable the affected person to reduce their aggregate eligible deposits by only an amount determined in accordance with 57.7 and 57.8 without charge, penalty or loss of interest.

57.7

01/08/2015

The amount referred to in 57.6 in relation to an affected person is the lesser of:

  1. (1) the amount requested in accordance with 57.5(1);
  2. (2) the larger of:
    1. (a) the excess above the coverage level held by that person at the date of that request; or
    2. (b) the excess above the coverage level that is reasonably likely, taking account of the accrual of interest or additional credits required by that person’s contract with the firm, to be held by that person, on:
      1. (i) 1 January 2016; or
      2. (ii) the maturity of an account or product held by that person at the date of that request; and
  3. (3) £10,000.

57.8

01/08/2015

In the case of a joint account, the amount in 57.7 shall be calculated for each affected person on the basis set out in 5.4 and 5.5.

57.9

01/08/2015

Where a request is made before 1 October 2015 that has not been actioned by the firm at that date, but which meets the conditions in 57.5, the time period in 57.6(1) is deemed to commence on 1 October 2015.

57.10

01/08/2015

A firm may determine the account or product from which the eligible deposits are withdrawn under 57.6, except it may not determine the eligible deposits are withdrawn from a transactional account without the consent of the affected person (or a person who has authority to act on behalf of the affected person).

57.11

06/09/2016

57.6 does not:

  1. (1) prevent the firm:
    1. (a) calculating interest in respect of the period after the reduction under that rule to reflect the reduced amount of the deposit; or
    2. (b) adjusting the rate of interest in respect of the period after the reduction under that rule in accordance with a pre-existing link in the deposit contract between the rate of interest and the size of the deposit;
  2. (2) prevent a credit union calculating a discretionary dividend on a share account by reference to the affected person’s balance on a single reference date if this is its usual practice; or
  3. (3) require a firm to enable a restricted person to reduce their aggregate eligible deposits.

57.12

01/08/2015

A contravention of 57.6 by a firm is actionable at the suit of a private person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for breach of statutory duty.

57.13

01/08/2015

A person who is not a private person may exercise the right afforded by 57.12, if a case prescribed by regulation 6(2) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 for the purposes of section 138D(4) Financial Services and Markets Act 2000 applies,

57.14

01/08/2015

57.6 comes into force on 1 October 2015.

57.15

01/08/2015

In this Chapter the following definitions shall apply:

affected person

means a “relevant person”, within the meaning given in regulation 7A(4) of the deposit guarantee scheme regulations, whose aggregate eligible deposits:

  1. (1) are greater than the coverage level (unless the firm is required to make payments to or to the order of that person before 1 January 2016 that are likely to result in that person ceasing to have aggregate eligible deposits over the coverage level on that date); or
  2. (2) are reasonably likely, on:
    1. (a) 1 January 2016; or
    2. (b) the maturity of an account or product held by that person,
  3.       to be greater than the coverage level, taking account of the accrual of interest or additional credits required by that person’s contract with the firm; and

coverage level

means the coverage level set out in 4.2, as that provision is applied on 1 January 2016;

restricted person

means an affected person in relation to whom a firm will only be able to comply with 57.6: 

  1. (a) in contravention of a legal requirement on the firm;
  2. (b) in contravention on the firm’s policy on managing the risk of “money laundering”, within the meaning given in the FCA Handbook; or
  3. (c) by allowing the withdrawal of a deposit that is held as collateral by the firm for an amount owed to it (provided that the firm has given the affected person or a person for whom the affected person is providing surety the option of repaying the indebtedness and reducing the collateral deposit under 57.6 by equivalent amounts).

private person

has the meaning given by regulation 3 of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001.