The Cross-Border Payments in Euro Regulations 2010

PART 1 Application and modification of the 2000 Act

Disciplinary powers

1.  Sections 66(1) (disciplinary powers) to 70 (statements of policy: procedure) of the 2000 Act apply with the following modifications—

(a) in section 66—

(i) for subsection (2) substitute—

“(2) A person is guilty of misconduct if, while a relevant person, he has been knowingly concerned in a contravention by a payment service provider of Regulation (EC) No. 924/2009 of the European Parliament and of the Council on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001.”;

(ii) for subsection (6) substitute—

“(6) “Relevant person” means any person responsible for the management of the payment service provider or, where relevant, any person responsible for the management of the payment service provider’s payment services activities.”; and

(iii) omit subsection (7);

(b) at the end of section 69 (statement of policy) insert—

“(9) Until such time as a statement has been issued in respect of the imposition and amount of penalties under section 66 as applied by the Cross-Border Payments in Euro Regulations 2010, any statement issued under this section as applied by paragraph 1 of Schedule 5 to the Payment Services Regulations 2009 shall also apply for the purposes of this section in relation to penalties under section 66 as applied by the Cross-Border Payments in Euro Regulations 2010.”.

Information gathering and investigations

2.  Part 11 of the 2000 Act (information gathering and investigations) applies with the following modifications—

(a) in section 165 (Authority’s power to require information)—

(i) for references to “an authorised person” substitute “a payment service provider”;

(ii) in subsection (4), for “this Act” substitute “the Cross-Border Payments in Euro Regulations 2010”; and

(iii) in subsection (7) omit paragraphs (b) and (c);

(b) in subsection (2)(a) of section 166 (reports by skilled persons), for “an authorised person” substitute “a payment service provider”;

(c) omit section 167(2) (appointment of persons to carry out general investigations);

(d) in section 168(3) (appointment of persons to carry out investigations in particular cases)—

(i) in subsection (1)—

(aa) for paragraph (a) substitute—

“(a) a payment service provider may have contravened any requirement imposed by Regulation (EC) No. 924/2009 of the European Parliament and of the Council on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001;”;

(bb) in paragraph (b) omit from “191” to the end;

(ii) omit subsections (2), (4) and (5); and

(iii) in subsection (6) omit “or the Secretary of State”;

(e) omit section 169 (investigations etc in support of overseas regulator);

(f) in section 170 (investigations: general)—

(i) in subsection (1) for “section 167 or 168(3) or (5)” substitute “section 168(3)”;

(ii) in subsection (3)(a) omit “or (4)”;

(iii) omit subsection (3)(b); and

(iv) for subsection (10) substitute—

“(10) “Investigating authority”, in relation to an investigator, means the Authority.”;

(g) omit section 171(4) (powers of persons appointed under section 167);

(h) in the heading and subsection (4) of section 172 (additional power of persons appointed as a result of section 168(1) or (4)), omit “or (4)”;

(i) omit section 173 (powers of persons appointed as a result of section 168(2));

(j) in section 174 (admissibility of statements made to investigators)—

(i) in subsection (2) omit “or in proceedings in relation to action to be taken against that person under section 123”;

(ii) in subsection (3)(a) omit “or 398”;

(iii) in subsection (4), for “section 167 or 168(3) or (5)” substitute “section 168(3)”;

(iv) in subsection (5) for “section 171, 172, 173 or 175” substitute “section 172 or 175”;

(k) in subsection (8) of section 175 (information and documents: supplemental provisions) for “section 167 or 168(3) or (5)” substitute “section 168(3)”;

(l) in section 176(5)(entry of premises under warrant)—

(i) in subsection (1)—

(aa) omit “the Secretary of State,”; and

(bb) for “the first, second or third” substitute “the first or second”;

(ii) in subsection (3)(a) for “an authorised person or an appointed representative” substitute “a payment service provider”;

(iii) omit subsection (4);

(iv) in subsection (10) for “section 167 or 168(3) or (5)” substitute “section 168(3)”;

(v) in subsection (11)(a) omit “87C, 87J,”;

(vi) in subsection (11)(b) for “section 171, 172, 173 or 175” substitute “section 172 or 175”; and

(m) in subsection (5)(a) of section 177(6) (offences), for “six months” substitute “three months”.

Disciplinary measures

3.—(1) Sections 210 (statements of policy) and 211 (statements of policy: procedure) apply in respect of the imposition and amount of penalties under regulation 6 as they apply in respect of the imposition and amount of penalties under section 206 (financial penalties) of the 2000 Act with the following modification to section 210.

(2) At the end of section 210, insert—

“(9) Until such time as a statement of policy has been issued in respect of the imposition and amount of penalties under regulation 6 of the Cross-Border Payments in Euro Regulations 2010, any statement issued under this section as applied by regulation 86(6) of the Payment Services Regulations 2009 shall also apply for the purposes of this section in relation to penalties under regulation 6 of the Cross-Border Payments in Euro Regulations 2010.”.

Restriction on disclosure of information

4.  Sections 348, 349 and 352 of the 2000 Act apply with the following modifications—

(a) in section 348—

(i) in subsection (2)(b) for the words from “, the competent authority” to the end substitute “under the Cross-Border Payments in Euro Regulations 2010”;

(ii) in subsection (3)(a) for “this Act” substitute “the Cross-Border Payments in Euro Regulations 2010”;

(iii) in subsection (5)—

(aa) for “this Part”, substitute “the Cross-Border Payments in Euro Regulations 2010”;

(bb) omit paragraphs (b) and (c);

(cc) in paragraph (e) for “paragraphs (a) to (c)” substitute “paragraph (a)”;

(iv) in subsection (6)—

(aa) omit paragraphs (a) and (b); and

(bb) in paragraph (c) for “paragraph 6 of Schedule 1” substitute “regulation 4(2) of the Cross-Border Payments in Euro Regulations 2010”; and

(b) in section 349 omit subsections (3A) and (3B).

Warning notices and decision notices

5.  Part 26 of the 2000 Act (notices) applies with the following modifications—

(a) omit section 388(2) (decision notices);

(b) in section 390 (final notices)—

(i) omit subsections (6) and (10); and

(ii) in subsection (8) omit “or (6)(c)”;

(c) in section 391 (publication), omit subsections (5), (8) and (10);

(d) for section 392 (application of sections 393 and 394) substitute—

“392.    Sections 393 and 394 apply to—

(a) a warning notice given in accordance with regulations 7(1) or 10(1) of the Cross-Border Payments in Euro Regulations 2010;

(b) a decision notice given in accordance with regulations 7(3) or 10(3) of the Cross-Border Payments in Euro Regulations 2010.”; and

(e) in section 395 (the Authority’s procedures)—

(i) omit subsections (1)(a), (3) and (4);

(ii) in subsection (9) omit “a supervisory notice, or”

(iii) for subsection (13) substitute—

“(13) Until such time as a statement has been issued in accordance with subsection (5) the procedures applicable to the giving of warning notices under regulations 86(1) and 89(1), and decision notices under regulations 86(3) and 89(3), of the Payment Services Regulations 2009, shall apply to the giving of warning notices under regulations 7(1) and 10(1), and decision notices under regulations 7(3) and 10(3), of the Cross-Border Payments in Euro Regulations 2010.”.

Limitation on power to require documents

6.  Section 413 of the 2000 Act (protected items) applies for the purposes of these Regulations as it applies for the purposes of that Act.

(1)

Amended by S.I. 2007/126.

(2)

Amended by S.I. 2007/126.

(3)

Amended by S.I. 2007/126.

(4)

Amended by S.I. 2007/126.

(5)

Amended by S.I.2005/1433.

(6)

Amended by S.I. 2001/1090 and the Criminal Justice Act 2003, s280(2), Schedule 26, paragraph 54 from a day to be appointed.