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Banking Act 2009

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Banking Act 2009, Cross Heading: Enforcement is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

EnforcementU.K.

193InspectionU.K.

(1)The Bank of England may appoint one or more persons to inspect the operation of a recognised F1... payment system [F2, a recognised DSA service provider] [F3or the provision of services to such a system [F4or such a DSA service provider] by a service provider].

(2)The operator of a recognised F1... payment system [F5, or a recognised DSA service provider] [F6, or a service provider in relation to such a system [F7or such a DSA service provider],] must—

(a)grant an inspector access, on request and at any reasonable time, to premises on or from which any part of the system is operated [F8or (as the case may be) premises on or from which any part of the services is provided], and

(b)otherwise co-operate with an inspector.

Textual Amendments

F1Word in s. 193(1)(2) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 15

Commencement Information

I1S. 193 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2

194Inspection: warrantU.K.

(1)A justice of the peace may on the application of an inspector issue a warrant entitling an inspector or a constable to enter premises if—

[F9(a)there is conducted on the premises any part of the management or operation of—

(i)a recognised payment system (whether by an operator of the system or by someone providing services used by an operator), F10...

[F11(ia)a recognised DSA service provider, or]

(ii)a service provider in relation to a recognised payment system [F12or a recognised DSA service provider], and]

(b)any of the following conditions is satisfied.

(2)Condition 1 is that—

(a)a requirement under section 204 in connection with the payment system [F13, the DSA service provider] [F14or the service provider] has not been complied with, and

(b)there is reason to believe that information relevant to the requirement is on the premises.

(3)Condition 2 is that there is reason to suspect that if a requirement under section 204 were imposed in connection with the payment system [F15, the DSA service provider] [F16or the service provider] in respect of information on the premises—

(a)the requirement would not be complied with, and

(b)the information would be destroyed or otherwise tampered with.

(4)Condition 3 is that an inspector—

(a)gave reasonable notice of a wish to enter the premises, and

(b)was refused entry.

(5)Condition 4 is that a person occupying or managing the premises has failed to co-operate with an inspector.

(6)A warrant—

(a)permits an inspector or a constable to enter the premises,

(b)permits an inspector or a constable to search the premises and copy or take possession of information or documents, and

(c)permits a constable to use reasonable force.

(7)Sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 (warrants: procedure) apply to warrants under this section.

(8)In the application of this section to Scotland—

(a)the reference to a justice of the peace includes a reference to a sheriff, and

(b)ignore subsection (7).

(9)In the application of this section to Northern Ireland—

(a)the reference to a justice of the peace is a reference to a lay magistrate, and

(b)the reference to sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 is a reference to the equivalent provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989.

Textual Amendments

Commencement Information

I2S. 194 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2

195Independent reportU.K.

(1)The Bank of England may require

[F17(a)] the operator of a recognised F18... payment system to appoint an expert to report on the operation of the system [F19; F20...

(b)a service provider in relation to a recognised payment system to appoint an expert to report on the provision of services to the system.]

[F21(c)a recognised DSA service provider to appoint an expert to report on the provision of services to payment systems (whether or not recognised), or

(d)a service provider in relation to a recognised DSA service provider to appoint an expert to report on the provision of services to the DSA service provider.]

(2)The Bank may impose a requirement only if it thinks—

(a)the operator [F22, recognised DSA service provider] [F23or service provider] is not taking sufficient account of principles published by the Bank under section 188,

(b)the operator [F24, recognised DSA service provider] [F25or service provider] is failing to comply with a code of practice under section 189, or

(c)the report is likely for any other reason to assist the Bank in the performance of its functions under this Part.

(3)The Bank may impose requirements about—

(a)the nature of the expert to be appointed;

(b)the content of the report;

(c)treatment of the report (including disclosure and publication);

(d)timing.

Textual Amendments

F17S. 195(1)(a): words in s. 195(1) renumbered as s. 195(1)(a) (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(15)(a)(i)

F18Word in s. 195(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 17

Commencement Information

I3S. 195 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2

196Compliance failureU.K.

In this Part “compliance failure” means a failure by the operator of a recognised F26... payment system [F27, a recognised DSA service provider] [F28, or a service provider in relation to such a system,] [F29or such a DSA service provider] to—

(a)comply with a code of practice under section 189,

(b)comply with a requirement under section 190,

(c)comply with a direction under section 191, or

(d)ensure compliance with a requirement under section 195.

Textual Amendments

F26Word in s. 196 omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 18

Commencement Information

I4S. 196 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2

197PublicationU.K.

(1)The Bank of England may publish details of a compliance failure by the operator of a recognised F30... payment system [F31, a recognised DSA service provider] [F32or a service provider in relation to such a system] [F33or such a DSA service provider].

(2)The Bank may publish details of a sanction imposed under sections 198 to 200.

Textual Amendments

F30Word in s. 197(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 19

Modifications etc. (not altering text)

C1S. 197 applied by 2013 c. 33, s. 124A(8) (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 49(3) (with ss. 2(2), 5(2)))

Commencement Information

I5S. 197 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2

198PenaltyU.K.

(1)The Bank of England may require the operator of a recognised F34... payment system [F35, a recognised DSA service provider] [F36, or a service provider in relation to such a system,] [F37or such a DSA service provider] to pay a penalty in respect of a compliance failure.

(2)A penalty—

(a)must be paid to the Bank of England, and

(b)may be enforced by the Bank as a debt.

(3)The Bank must prepare a statement of the principles which it will apply in determining—

(a)whether to impose a penalty, and

(b)the amount of a penalty.

(4)The Bank must—

(a)publish the statement on its internet website,

(b)send a copy to the Treasury,

(c)review the statement from time to time and revise it if necessary (and paragraphs (a) and (b) apply to a revision), and

(d)in applying the statement to a compliance failure, apply the version in force when the failure occurred.

Textual Amendments

F34Word in s. 198(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 20

Modifications etc. (not altering text)

C2S. 198 applied by 2013 c. 33, s. 124A(8) (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 49(3) (with ss. 2(2), 5(2)))

Commencement Information

I6S. 198 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2

199ClosureU.K.

(1)This section applies if the Bank of England thinks that a compliance failure—

(a)threatens the stability of, or confidence in, the UK financial system, or

(b)has serious consequences for business or other interests throughout the United Kingdom.

(2)The Bank may give the operator of the F38... payment system concerned [F39, the DSA service provider concerned] [F40, or the service provider concerned,] an order to stop operating the system [F41, providing services,] [F42or (as the case may be) providing services to a recognised payment system] [F43or recognised DSA service provider] (a “closure order”)—

(a)for a specified period,

(b)until further notice, or

(c)permanently.

(3)A closure order may apply to—

(a)all activities of the payment system [F44, or DSA service provider] [F45or all services provided to a recognised payment system [F46, or a recognised DSA service provider] by the service provider], or

(b)specified activities [F47or specified services].

[F48(3A)Before giving a closure order to a service provider, the Bank must have regard to the public interest in the continued operation of each recognised payment system [F49, or of each recognised DSA service provider,] in relation to which the service provider is specified under section 206A(2)(b) [F50or 206A(2A)(b) (as the case may be).]]

(4)An operator [F51, DSA service provider,] [F52or service provider] who fails to comply with a closure order commits an offence.

(5)A person guilty of an offence is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment, to a fine.

Textual Amendments

F38Word in s. 199(2) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 21

Commencement Information

I7S. 199 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2

200Management disqualificationU.K.

(1)The Bank of England may by order prohibit a specified person from being an operator of a recognised F53... payment system [F54or from being a DSA service provider]—

(a)for a specified period,

(b)until further notice, or

(c)permanently.

(2)The Bank may by order prohibit a specified person from holding an office or position involving responsibility for taking decisions about the management of a recognised F53... payment system [F55, or a recognised DSA service provider,] [F56or about the management of a service provider in relation to such a system] [F57or such a DSA service provider]—

(a)for a specified period,

(b)until further notice, or

(c)permanently.

[F58(2A)Before making an order under subsection (2) in respect of a service provider, the Bank must have regard to the public interest in the continued operation of each recognised payment system [F59, or of each recognised DSA service provider,] in relation to which the service provider is specified under section 206A(2)(b). [F60or 206A(2A)(b) (as the case may be).]]

(3)A person who breaches a prohibition under subsection (1) or (2) commits an offence.

(4)A person guilty of an offence is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment, to a fine.

Textual Amendments

F53Word in s. 200(1)(2) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 22

Commencement Information

I8S. 200 in force at 12.11.2009 for specified purposes and 31.12.2009 in so far as not already in force by S.I. 2009/3000, arts. 2, 4, Sch. para. 2

201WarningU.K.

(1)Before imposing a sanction on the operator of [F61a] payment system [F62, on a DSA service provider,] [F63, on a service provider in relation to such a system] [F64or such a DSA service provider] or on another person the Bank of England must—

(a)give the operator [F65, DSA service provider] [F66, service provider] or other person a notice (a “warning notice”),

(b)give the operator [F67, DSA service provider] [F68, service provider] or other person at least 21 days to make representations,

(c)consider any representations made, and

(d)as soon as is reasonably practicable, give the operator [F69, DSA service provider] [F70, service provider] or other person a notice stating whether or not the Bank intends to impose the sanction.

[F71(1A)Before imposing a sanction on a person who is a service provider in relation to a recognised payment system [F72or recognised DSA service provider] the Bank must also—

(a)give the operator of the payment system [F73, or DSA service provider] a notice (a “warning notice”),

(b)give the operator [F74, or DSA service provider] at least 21 days to make representations,

(c)consider any representations made, and

(d)as soon as reasonably practicable, give the operator [F75or DSA service provider] a notice stating whether the Bank intends to impose the sanction.]

(2)In [F76subsections (1) and (1A)] “imposing a sanction” means—

(a)publishing details under section 197(1),

(b)requiring the payment of a penalty under section 198,

(c)giving a closure order under section 199, or

(d)making an order under section 200.

(3)Despite [F77subsections (1) and (1A)], if satisfied that it is necessary the Bank may without notice—

(a)give a closure order under section 199, or

(b)make an order under section 200.

Textual Amendments

F61Word in s. 201(1) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 23

Modifications etc. (not altering text)

C3S. 201 applied by 2013 c. 33, s. 124A(8) (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 49(3) (with ss. 2(2), 5(2)))

Commencement Information

I9S. 201 in force at 12.11.2009 for specified purposes and 31.12.2009 in so far as not already in force by S.I. 2009/3000, arts. 2, 4, Sch. para. 2

202AppealU.K.

(1)Where the Bank of England notifies a person under section 201(1)(d) [F78or (1A)(d)] that the Bank intends to impose a sanction, the person may appeal to the [F79Upper Tribunal].

(2)Where the Bank of England imposes a sanction on a person without notice in reliance on section 201(3), the person [F80and, if the person is a service provider in relation to a recognised payment system [F81or recognised DSA service provider], the operator of the payment system] [F82or DSA service provider (as the case may be)], may appeal to the [F83Upper Tribunal].

[F84(3)The Bank of England may not impose a sanction while an appeal under this section could be brought or is pending.]

Textual Amendments

Modifications etc. (not altering text)

C4S. 202 applied by 2013 c. 33, s. 124A(8) (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 49(3) (with ss. 2(2), 5(2)))

Commencement Information

I10S. 202 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2

[F85202AInjunctionsU.K.

(1)If, on the application of the Bank of England, the court is satisfied—

(a)that there is a reasonable likelihood that there will be a compliance failure, or

(b)that there has been a compliance failure and there is a reasonable likelihood that it will continue or be repeated,

the court may make an order restraining the conduct constituting the failure.

(2)If, on the application of the Bank of England, the court is satisfied—

(a)that there has been a compliance failure by the operator of a recognised F86... payment system [F87, a recognised DSA service provider,] [F88or a service provider in relation to such a system] [F89or such a DSA service provider], and

(b)that there are steps which could be taken for remedying the failure,

the court may make an order requiring the operator [F90, DSA service provider] [F91or service provider], and anyone else who appears to have been knowingly concerned in the failure, to take such steps as the court may direct to remedy it.

(3)If, on the application of the Bank of England, the court is satisfied—

(a)that there may have been a compliance failure by the operator of a recognised F92... payment system [F93, a recognised DSA service provider,] [F94or a service provider in relation to such a system] [F95or such a DSA service provider], or

(b)that a person may have been knowingly concerned in a compliance failure,

the court may make an order restraining the operator [F96, DSA service provider,] [F97, service provider] or person from dealing with any assets which it is satisfied the operator [F97, service provider] or person is reasonably likely to deal with.

(4)The jurisdiction conferred by this section is exercisable—

(a)in England and Wales and Northern Ireland, by the High Court, and

(b)in Scotland, by the Court of Session.

(5)In this section—

(a)references to an order restraining anything are, in Scotland, to be read as references to an interdict prohibiting that thing,

(b)references to remedying a failure include mitigating its effect, and

(c)references to dealing with assets include disposing of them.]

Textual Amendments

F86Word in s. 202A(2)(a) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 24

F92Word in s. 202A(3)(a) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 24

Modifications etc. (not altering text)

Yn ôl i’r brig

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