Part 5... Payment Systems and service providers

Regulation

F1191Directions

(1)

The Bank of England may give directions in writing to—

F2(a)

the operator of a recognised F3... F4payment system,

F5(b)

to a recognised DSA service provider, or

F6(c)

F7 a service provider in relation to such a system F8or to such DSA service providers.

(2)

A direction may—

(a)

require or prohibit the taking of specified action in the operation of the system F9or the provision of services F10...;

(b)

set standards to be met in the operation of the system F11or the provision of services F12....

(3)

If a direction is given for the purpose of resolving or reducing a threat to the stability of the UK financial system, the operator F13, DSA service provider F14or service provider (including F15the operator’s F16, DSA service provider’s or service provider’s officers and staff) has immunity from liability in damages in respect of action or inaction in accordance with the direction.

(4)

A direction given for the purpose mentioned in subsection (3) must—

(a)

include a statement that it is given for that purpose, and

(b)

inform the operator F17, DSA service provider F18or service provider of the effect of that subsection.

(5)

The Treasury may by order confer immunity on any person from liability in damages in respect of action or inaction in accordance with a direction (including a direction given for the purpose mentioned in subsection (3)).

(6)

An order—

(a)

is to be made by statutory instrument, and

(b)

is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

An immunity conferred by or under this section does not extend to action or inaction—

(a)

in bad faith, or

(b)

in contravention of section 6(1) of the Human Rights Act 1998.