Financial Services (Banking Reform) Act 2013

“Payment system” etc U.K.

41 Meaning of “payment system” U.K.

(1) In this Part “payment system” means a system which is operated by one or more persons in the course of business for the purpose of enabling persons to make transfers of funds, and includes a system which is designed to facilitate the transfer of funds using another payment system.

(2) But “payment system” does not include—

(a) any arrangements for the physical movement of cash;

(b) a system which does not make any provision for the transfer of funds by payers, or to recipients, in the United Kingdom;

(c) a securities settlement system operated by a [F1 recognised CSD];

(d) a system operated by a recognised clearing house [F2 or a recognised CSD];

(e) any other system whose primary purpose is not that of enabling persons to transfer funds.

[F3 (2A) In this Part—

• “funds” includes digital settlement assets (except in section 41(2)(e));

• “digital settlement asset” means a digital representation of value or rights, whether or not cryptographically secured, that—

  (a)

  can be used for the settlement of payment obligations,

  (b)

  can be transferred, stored or traded electronically, and

  (c)

  uses technology supporting the recording or storage of data (which may include distributed ledger technology).

(2B) In this section, “digital settlement asset” includes a right to, or interest in, a digital settlement asset.

(2C) The Treasury may by regulations amend the definition of “digital settlement asset” in subsection (2A).]

(3) In this section—

• [F4 “recognised CSD” has the meaning given by section 285(1) of FSMA 2000;]

• “recognised clearing house” has the meaning given by section 285(1) of FSMA 2000;

• “securities settlement system” means a computer-based system, and procedures, which enable title to units of a security to be evidenced and transferred without a written instrument, and which facilitate supplementary and incidental matters.

(4) The Treasury may by order amend this section so as to—

(a) add descriptions of systems or arrangements that are not to be regarded as payment systems, or

(b) vary or remove any such description.

Textual Amendments

F1 Words in s. 41(2)(c) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 16(2)(a) (with regs. 7(3)(b)(4), 9(1))

F2 Words in s. 41(2)(d) inserted (27.3.2019) by The Uncertificated Securities (Amendment and EU Exit) Regulations 2019 (S.I. 2019/679), regs. 1(2), 3(2) (with regs. 10-12)

F3 S. 41(2A)-(2C) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 41(2)

F4 Words in s. 41(3) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 16(2)(b) (with regs. 7(3)(b)(4), 9(1))

Commencement Information

I1 S. 41 in force at 1.3.2014 by S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

42 Participants in payment systems etc U.K.

(1) This section applies for the purposes of this Part.

(2) The following persons are “participants” in a payment system—

(a) the operator of the payment system (see subsection (3));

(b) any infrastructure provider (see subsection (4));

(c) any payment service provider (see [F5 subsections (5) and (5A)]).

(But see also subsection (8).)

(3) “Operator”, in relation to a payment system, means any person with responsibility under the system for managing or operating it; and any reference to the operation of a payment system includes a reference to its management.

(4) “Infrastructure provider”, in relation to a payment system, means any person who provides or controls any part of the infrastructure used for the purposes of operating the payment system.

(5) “Payment service provider”, in relation to a payment system, means any person who provides services to persons who are not participants in the system for the purposes of enabling the transfer of funds using the payment system.

[F6 (5A) “Payment service provider” in relation to a payment system that includes arrangements using digital settlement assets means—

(a) a person responsible for managing the issuance and redemption of digital settlement assets;

(b) a person whose business or occupation is to safeguard, or to safeguard and administer digital settlement assets, including their private cryptographic keys (or means of access);

(c) a digital settlement asset exchange provider;

(d) a person who—

(i) sets rules, standards, or conditions of access or participation in relation to the system, or

(ii) provides any service that facilitates, or supports, a transfer of money or digital settlement assets to be made using the system, including any infrastructure provider in relation to the system.]

(6) A payment service provider has “direct access” to a payment system if the payment service provider is able to provide services for the purposes of enabling the transfer of funds using the payment system as a result of arrangements made between the payment service provider and the operator of the payment system.

(7) Any reference to participation in a payment system is to be read in accordance with this section, and in particular—

(a) in the case of an operator of a payment system, includes a reference to developing the system, and

(b) in the case of a payment service provider with direct access to a payment system, includes a reference to entering into an agreement with a person to enable the person to become a payment service provider in relation to the system.

(8) The Bank of England is not to be regarded as a participant of any kind in any payment system.

Textual Amendments

F5 Words in s. 42(2)(c) substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 42(2)

F6 S. 42(5A) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 42(3)

Commencement Information

I2 S. 42 in force at 1.3.2014 by S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1