On November 7, 2018, HM Treasury laid before Parliament the draft Bank of England (Amendment) (EU Exit) Regulations 2018, together with a draft explanatory memorandum.

The draft Regulations make amendments to the Bank of England Act 1998, the Financial Services Act 2012 and related secondary legislation to ensure that the constitution, responsibilities and functions of the Bank of England continue to be clearly defined after exit day, including in a "no deal" scenario. In the explanatory memorandum accompanying the draft Regulations, HM Treasury confirms that the draft Regulations make only technical changes to existing legislation to ensure that it continues to operate effectively once the U.K. leaves the EU. This includes amendments to information sharing and notification requirements and amendments to certain definitions so that they work in the U.K. after exit day. Amendments to secondary legislation include necessary adjustments to provisions on capital buffers and amounts of cash ratio deposits that certain financial services firms must hold with the BoE.

The Regulations will enter into force on exit day (that is, March 29, 2019 in a "no deal" scenario, or at a later date if there is a negotiated EU-U.K. Withdrawal Agreement).

The draft Regulations are available at: https://assets.publishing.service.gov.uk/media/5be2c51140f0b667a46ce02f/Bank_of_England_Amendment_r egs.pdf and the draft explanatory memorandum is available at: https://assets.publishing.service.gov.uk/media/5be2c57440f0b667a46ce030/EM_- _Bank_of_England_amendment_regs.pdf.

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