PART 5Regulation of payment systems
Regulatory and competition functions
61The Regulator’s functions under the Competition Act 1998
1
The functions to which this subsection applies are to be concurrent functions of the Payment Systems Regulator and the Competition and Markets Authority (“the CMA”).
2
Subsection (1) applies to the functions of the CMA under the provisions of Part 1 of the Competition Act 1998, so far as relating to any of the following that relate to participation in payment systems—
a
agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
b
conduct of the kind mentioned in section 18(1) of that Act,
c
agreements, decisions or concerted practices of the kind mentioned in Article 101(1) of the Treaty on the Functioning of the European Union, and
d
conduct which amounts to abuse of the kind mentioned in Article 102 of the Treaty on the Functioning of the European Union.
3
But subsection (1) does not apply to functions under the following sections of that Act—
section 31D(1) to (6) (duty to publish guidance);
section 38(1) to (6) (duty to publish guidance about penalties);
section 40B(1) to (4) (duty to publish statement of policy on penalties);
section 51 (rules).
4
5
But subsection (4) does not apply—
a
in relation to sections 31D(1) to (6), 38(1) to (6), 40B(1) to (4), 51, 52(6) and (8) and 54 of that Act, or
b
where the context otherwise requires.