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Financial Services (Banking Reform) Act 2013

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“Payment system” etc

41Meaning of “payment system”

(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 person approved under regulations under section 785 of the Companies Act 2006 (provision enabling procedures for evidencing and transferring title);

(d)a system operated by a recognised clearing house;

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

(3)In this section—

  • “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.

42Participants in payment systems etc

(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 subsection (5)).

(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.

(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.

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