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The Payment Services Regulations 2017

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The Upper Tribunal

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2.  Part 9 of the 2000 Act (hearings and appeals)(1) applies in respect of references to the Upper Tribunal made under these Regulations as it applies in respect of references made to the Upper Tribunal under that Act, with the following modifications—

(a)section 133 (proceedings before Tribunal: general provision) is to be read as if for subsection (7A) there were substituted—

(7A) A reference is a “disciplinary reference” for the purposes of this section if it is in respect of any of the following decisions under the Payment Services Regulations 2017—

(a)a decision to publish a statement under regulation 110;

(b)a decision to impose a penalty under regulation 111.;

(b)subsection (1) of section 133A (proceedings before Tribunal: decision and supervisory notices, etc.) is to be read as if “, as a result of section 388(2)” were omitted; and

(c)section 133A is to be read as if subsection (5) were omitted.

(1)

Part 9 was amended by section 23 of the Financial Services Act 2012, paragraph 83 of Schedule 9 to the Crime and Courts Act 2013 (c. 22) and section 4 of the Financial Services (Banking Reform) Act 2013, and by S.I. 2010/22, 2013/1388, 2014/3329 and 2016/680.

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