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The Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012

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Disciplinary powers

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1.  Sections 66 (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 (“P”) is guilty of misconduct if, while a relevant person, P has been knowingly concerned in a contravention by a payment service provider of either—

(a)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; or

(b)Regulation (EU) No 260/2012 of the European Parliament and Council establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009, or both.;

(ii)omit paragraphs (aa) and (ab) of subsection (3);

(iii)omit subsections (3A) to (3D) and (5A);

(iv)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

(v)omit subsections (7) to (9);

(b)in section 67—

(i)in subsections (1) and (4), omit the words “and if it” to the end;

(ii)omit subsections (2A)(a) and (5A)(a);

(iii)in subsection (7), omit the words from “and if the Authority” to the end; and

(iv)omit subsections (8) and (9);

(c)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 paragraph 1 of the Schedule to the Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012 (“the 2012 Regulations”), the statement issued in respect of the imposition and amount of penalties under section 66 as applied by paragraph 1 of the Schedule to the Cross-Border Payments in Euro Regulations 2010 shall apply for the purposes of the 2012 Regulations..

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