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104.—(1) If the OFT makes a decision that any rules or conditions governing access to, or participation in, a payment system contravene regulation 97(1) or (3), the OFT may give such directions as the OFT considers appropriate to such person or persons as it considers appropriate.
(2) A direction under paragraph (1) may (in particular)—
(a)require the person concerned to change any rule or condition so that it no longer contravenes regulation 97(1) or (3); and
(b)relate to the conduct of the person in implementing any rule or condition.
(3) A direction under paragraph (1) must be given in writing.
(4) If a person fails, without reasonable excuse, to comply with a direction under paragraph (1), the OFT may apply to the High Court (or, in Scotland, the Court of Session) for an order requiring that person to comply with the direction within a time specified in the order.
(5) An order under paragraph (4) may provide for all of the costs of, or incidental to, the application for the order to be borne by the person in default.
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