Banking Act | Special Resolution Regime | Risk Reduction Initiatives | Payment Systems Oversight | International Financial Architecture | Crisis Management

The Banking Act 2009 creates a Special Resolution Regime (SRR) which gives the Tripartite authorities a permanent framework providing tools for dealing with distressed banks and building societies. And it gives the Bank of England a new role in selecting from the statutory resolution tools. The SRR powers came into force on 21 February following the expiry of the emergency legislation in the Banking (Special Provisions) Act.

The SRR powers allow the authorities to:

• transfer all or part of a bank to a private sector purchaser
• transfer all or part of a bank to a bridge bank - a subsidiary of the Bank of England – pending a future sale
• place a bank into temporary public ownership (the Treasury's decision)
• apply to put a bank into the Bank Insolvency Procedure (BIP) which is designed to allow for rapid payments to Financial Services Compensation Scheme (FSCS) insured depositors
• apply for the use of the Bank Administration Procedure (BAP) to deal with a part of a bank that is not transferred and is instead put into administration

The Banking Act creates clearly-defined roles for operation of the SRR. The Financial Services Authority (FSA), in consultation with the Bank and the Treasury, makes the decision to put a bank into the SRR. HM Treasury would decide whether to put a bank into temporary public ownership, and otherwise, the Bank of England, in consultation with the other authorities decides which of the tools to use. The FSCS has a role in relation to depositors covered by its depositor compensation scheme.

The Act sets out five key objectives in choosing which resolution tools to use:

• to protect and enhance the stability of the financial systems of the UK
• to protect and enhance public confidence in the stability of the banking systems of the UK
• to protect depositors
• to protect public funds
• to avoid interfering with property rights in contravention with the Human Rights Act 1998.

To carry out its new responsibilities the Bank has set up a Special Resolution Unit which will lead in the work required to select and implement a resolution tool.

Resolutions under the SRR

• Dunfermline Building Society, 30 March 2009

Key Resources

	Bank/FDIC Memorandum of Understanding concerning consultation, cooperation and the exchange of information related to the resolution of insured depository institutions with cross-border operations in the United States and the United Kingdom Download PDF (368k)
	The UK Special Resolution Regime for failing banks in an international context FS Paper No 5, Peter Brierley Download PDF (391k)
	Banking Act 2009 Download PDF (632k)
	Financial Stability and Depositor Protection: Special resolution regime Published jointly by HM Treasury, the Financial Services Authority and the Bank of England on 22 July 2008. Download PDF (694k)
	Financial Stability and Depositor Protection: Further Consultation Published jointly by HM Treasury, the Financial Services Authority and the Bank of England (the Authorities). July 2008 Download PDF (1.3mb)
	Financial Stability and Depositor Protection: Strengthening the Framework A consultation on proposals for strengthening the current framework for financial stability and protecting depositors has today been launched by the Chancellor of the Exchequer. The consultation document is published jointly by HM Treasury, the Financial Services Authority and the Bank of England (the Authorities). January 2008 Download PDF (3mb)
	Banking Reform - Protecting Depositors: a discussion paper Published jointly by HM Treasury, the Financial Services Authority and the Bank of England. October 2007 Download PDF (485k)