The court considered a proposed Part VII Transfer Scheme. Although one member of a banking group was not authorised to take deposits and therefore did not fulfil the requirements of the Financial Services and Markets Act 2000 s.106 relating to banking business transfer schemes, the court nevertheless had discretion to make an order under s.112(1)(d) sanctioning the scheme in relation to that member on the basis that the transfer of its business was necessary to secure that the scheme as a whole was fully and effectively carried out.
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