1

Application and Definitions

1.1

Unless otherwise stated, this Part applies to:

  1. (1) every firm permitted to carry on the regulated activities that are referred to in column (2) of the table in 6.1; and
  2. (2) a CRR consolidation entity.

1.1A

Where this Part requires a data item to be submitted on a consolidated or sub-consolidated basis the CRR consolidation entity must comply with it on that basis and for this purpose, references to a firm in this Part, other than in 1.1(1), mean a CRR consolidation entity.

1.2

In this Part, the following definitions shall apply:

administering a home finance transaction

means any of administering a regulated mortgage contract, administering a home purchase plan, administering a home reversion plan or administering a regulated sale and rent back agreement.

administering a home purchase plan

means the regulated activity specified in article 63F(2) of the Regulated Activities Order.

administering a home reversion plan

means the regulated activity specified in article 63B(2) of the Regulated Activities Order.

administering a regulated mortgage contract

means the regulated activity, specified in article 61(2) of the Regulated Activities Order.

administering a regulated sale and rent back agreement

means the regulated activity specified in article 63J(2) of the Regulated Activities Order.

Capital+ changeover date

means any Capital+ reference date following the initial Capital+ reference date applicable to a firm where a firm satisfies a Capital+ condition which is different to the Capital+ condition it satisfied on the Capital+ reference date immediately preceding it.

Capital+ condition

means any of Capital+ condition 1, Capital+ condition 2, Capital+ condition 3, Capital+ condition 4, Capital+ condition 5, Capital+ condition 6, Capital+ condition 7 and Capital+ condition 8.

Capital+ condition 1

has the meaning given in 20.6.

Capital+ condition 2

has the meaning given in 20.7.

Capital+ condition 3

has the meaning given in 20.8.

Capital+ condition 4

has the meaning given in 20.9.

Capital+ condition 5

has the meaning given in 20.10 and 20.10A.

Capital+ condition 6

has the meaning given in 20.11.

Capital+ condition 7

has the meaning given in 20.12.

Capital+ condition 8

has the meaning given in 20.13.

Capital+ reference date

means:

    1. (1) a firm’s accounting reference date; and
    2. (2) the date falling six months after a firm’s accounting reference date.

Capital+ reporting table

has the meaning given in 20.21.

contractual reversion rate

means the interest rate on a regulated mortgage contract to which the interest rate which applies at the date of the mortgage transaction will change at the end of any initial incentive or fixed rate period.

credit institution

means an undertaking the business of which is to take deposits or other repayable funds from the public and to grant credits for its own account, not including entities referred to in Art 2(5) of Directive 2013/36/EU.

entering as provider into a funeral plan contract

means the regulated activity specified in article 59 of the Regulated Activities Order.

entering into a home finance transaction

means any of entering into a regulated mortgage contract, entering into a home purchase plan, entering into a home reversion plan or entering into a regulated sale and rent back agreement.

entering into a home purchase plan

means the regulated activity, specified in article 63F(1) of the Regulated Activities Order.

entering into a home reversion plan

means the regulated activity, specified in article 63B(1) of the Regulated Activities Order.

entering into a regulated mortgage contract

means the regulated activity, specified in article 61(1) of the Regulated Activities Order.

entering into a regulated sale and rent back agreement

means the regulated activity, specified in article 63J(1) of the Regulated Activities Order.

establishing, operating or winding up a collective investment scheme

means the regulated activity specified in article 51ZE of the Regulated Activities Order.

establishing, operating or winding-up a regulated collective investment scheme

means establishing, operating or winding up a collective investment scheme if the scheme is a regulated collective investment scheme.

FINREP firm

means:

(1) a credit institution or investment firm subject to the CRR that is also subject to section 403(1) of the Companies Act 2006; or

(2) a credit institution other than one referred to in section 403(1) of the Companies Act 2006 that prepares its consolidated accounts in conformity with UK-adopted international accounting standards.

[Note: article 99 of the CRR]

FOS Ltd.

means the body corporate established under paragraph 2(1) of Schedule 17 to FSMA (The Scheme Operator) (as originally enacted).

further advance

means a further loan to an existing borrower of the firm and which is secured on the same property, whether under a new mortgage contract or by variation to an existing mortgage contract, including a loan secured by a second or subsequent charge where the firm has the benefit of the first charge (or other charge ranking in priority to that on which the further advance is secured).

home finance administration

means any of the regulated activities of:

    1. (1) administering a regulated mortgage contract;
    2. (2) administering a home purchase plan;
    3. (3) administering a home reversion plan;
    4. (4) administering a regulated sale and rent back agreement; or
    5. (5) agreeing to carry on a regulated activity in (1) to (4).

home finance administrator

means a firm with permission (or which ought to have permission) for administering a home finance transaction.

home finance provider

means a firm with permission (or which ought to have permission) for entering into a home finance transaction.

home finance providing activity

means any of the regulated activities of:

    1. (1) entering into a regulated mortgage contract;
    2. (2) entering into a regulated sale and rent back agreement;
    3. (3) entering into a home purchase plan;
    4. (4) entering into a home reversion plan; or
    5. (5) agreeing to carry on a regulated activity in (1) to (4).

IFRS firm

means a firm applying UK-adopted international accounting standards.

individual consolidation permission

means a CRR permission under Article 9 of the CRR.

initial Capital+ reference date

means:

    1. (1) in relation to a data item which a ring-fenced body must submit on a sub-consolidated basis in accordance with 20.22A, the first of the firm’s Capital+ reference dates after the firm became subject to the Ring-fenced Bodies Part; or
    2. (2) for any other firm, the first of the firm’s Capital+ reference dates after it became a PRA-authorised person.

lead regulated firm

means a firm which is the subject of the financial supervision requirements of an overseas regulator in accordance with an agreement between the PRA and that regulator relating to the financial supervision of firms whose head office is within the country of that regulator.

meeting of repayment claims

means the regulated activity, specified in article 63N(1)(a) of the Regulated Activities Order.

new Capital+ condition

means, in respect of any Capital+ changeover date, the new Capital+ condition which a firm satisfies on that date.

non-UK bank

means a bank which is a body corporate or partnership formed under the law of any country or territory outside the UK.

old Capital+ condition

means, in respect of any Capital+ changeover date, the Capital+ condition which a firm no longer satisfies on that date.

operational continuity firm

means a firm to which the Operational Continuity Part applies.

Opt-in IFRS 9 firm

means a firm which is not a IFRS firm and which applies IFRS 9 in accordance with Financial Reporting Standard 101 (September 2015, ISBN 978-0-7545-5361-8) or 11.2(c) and 12.2(c) of Financial Reporting Standard 102 (September 2015, ISBN 978-0-7545-5362-5)

RAG

means a regulated activity group.

regulated activity group

means a set of one or more regulated activities referred to in determining a firm’s data item submission requirements.

regulated mortgage contract

means the investment specified in Article 61(3)(a) of the Regulated Activities Order.

reporting level

means (in relation to a data item) the basis on which that data item is prepared, being either:

    1. (1) an individual basis; or
    2. (2) the basis of a group and, if it is prepared on the basis of a group, the type of group (such as a domestic liquidity sub-group).

retail deposits

means “deposits” within the meaning given in paragraph 30, Part 1 of Annex V to the Supervisory Reporting ITS, from “households” within the meaning of paragraph 35(f) of Part 1 of Annex V to the Supervisory Reporting ITS.

second charge regulated mortgage contract

means a regulated mortgage contract which is not a legal mortgage ranking in priority ahead of all other mortgages (if any) affecting the property in question, where ‘mortgage’ includes charge and (in Scotland) a heritable security.

sole trader

means an individual who is a firm.

UK consolidation group

means the consolidation group of a firm to which supervision on a consolidated basis by the PRA applies.

1.3

Unless otherwise defined, any italicised expression used in this Part and in the CRR has the same meaning as in the CRR.