Financial Services and Markets Bill - continued        House of Lords
SCHEDULE 12, TRANSFER SCHEMES: CERTIFICATES - continued

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  PART II
  BANKING BUSINESS TRANSFER SCHEMES
     7. - (1) For the purposes of section 108(2) the appropriate certificates, in relation to a banking business transfer scheme, are-
 
 
    (a) a certificate under paragraph 8; and
 
    (b) if sub-paragraph (2) applies, a certificate under paragraph 9.
      (2) This sub-paragraph applies if the authorised person concerned or the transferee is an EEA firm falling within paragraph 5(b) of Schedule 3.
 
 
Certificates as to financial resources
     8. - (1) A certificate under this paragraph is one given by the relevant authority and certifying that, taking the proposed transfer into account, the transferee possesses, or will possess before the scheme takes effect, adequate financial resources.
 
      (2) "Relevant authority" means-
 
 
    (a) if the transferee is a person with a Part IV permission or with permission under Schedule 4, the Authority;
 
    (b) if the transferee is an EEA firm falling within paragraph 5(b) of Schedule 3, its home state regulator;
 
    (c) if the transferee does not fall within paragraph (a) or (b), the authority responsible for the supervision of the transferee's business in the place in which the transferee has its head office.
      (3) In sub-paragraph (2), any reference to a transferee of a particular description of person includes a reference to a transferee who will be of that description if the proposed banking business transfer scheme takes effect.
 
 
Certificates as to consent of home state regulator
     9. A certificate under this paragraph is one given by the Authority and certifying that the home State regulator of the authorised person concerned or of the transferee has been notified of the proposed scheme and that-
 
 
    (a) the home State regulator has responded to the notification; or
 
    (b) the period of three months beginning with the notification has elapsed.
 
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