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PART 4ADDITIONAL ACTIVITIES AND USE OF DISTRIBUTORS AND AGENTS

Removal of agents from the register

35.—(1) The Authority may remove an agent of an electronic money institution from the register where—

(a)the institution requests, or consents to, the agent’s removal from the register;

(b)the institution has obtained registration through false statements or any other irregular means;

(c)regulation 34(6)(b) or (c) applies;

(d)the removal is desirable in order to protect the interests of consumers; or

(e)the agent’s provision of payment services is otherwise unlawful.

(2) Where the Authority proposes to remove an agent from the register, other than at the request of the institution, it must give the institution a warning notice.

(3) The Authority must, having considered any representations made in response to the warning notice—

(a)if it decides to remove the agent, give the institution a decision notice; or

(b)if it decides not to remove the agent, give the institution notice of its decision.

(4) If the Authority decides to remove the agent, other than at the request of the institution, the institution may refer the matter to the Upper Tribunal.

(5) Where the period for a reference to the Upper Tribunal has expired without a reference being made, the Authority must as soon as practicable update the register accordingly.