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Section 296A: Additional power to direct recognised central counterparties

Financial Services and Markets Act 2000 · 2000 c. 8View on legislation.gov.uk

Part XVIII: Recognised investment exchanges, clearing houses , CSDs and other parties — Chapter I: Exemption

The Bank of England may direct a recognised central counterparty to take, or refrain from taking, specified action if the Bank is satisfied that it is necessary to give the direction, having regard to the public interest in—

The direction may, in particular—

specify the time for compliance with the direction,
require the rules of the recognised central counterparty to be amended, and
override such rules (whether generally or in their application to a particular case).

The direction may not require the recognised central counterparty—

to take any steps for the purpose of securing its compliance with—
the recognition requirements, or
any obligation of a kind mentioned in section 296(1)(b) or (1A), or
to accept a transfer of property, rights or liabilities of another recognised central counterparty.

If the direction is given in reliance on section 298(7) the Bank must, within a reasonable time of giving the direction, give the recognised central counterparty a statement of its reasons—

for giving the direction, and
for relying on section 298(7).

The direction is enforceable, on the application of the Bank, by an injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988.

The Bank may revoke a direction given under this section.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.