2009 No. 2475
The Payment Services (Amendment) Regulations 2009
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2) and (3)
The Treasury are a government department designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to payment services and measures relating to payment systems;
The Treasury, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, make the following Regulations:
Citation and commencementI1I21
1
These Regulations may be cited as the Payment Services (Amendment) Regulations 2009.
2
Subject to paragraph (3), these Regulations come into force on 1st November 2009.
3
These Regulations come into force on 1st October 2009 for the purposes—
a
referred to in regulation 1(2)(b)(v), (vii), (viii) and (ix) of the Payment Services Regulations 20093; and
b
of enabling the Authority to give directions as to the manner in which an application or request under regulation 5(1) or (2), 10(1)(b), 12(1) or (2) or 29(3) of the Payment Services Regulations 2009 is to be made and enabling the Authority to require the applicant or the person making the request to provide further information in accordance with regulation 5(4), 10A(2), 12(4) or 29(3)(a)(iv) of those Regulations, as the case may be.
Amendments to the Payment Services Regulations 2009
I3I42
The Payment Services Regulations 2009 are amended as follows.
I5I63
After regulation 10 insert—
Request for cancellation of authorisation10A
1
A request for cancellation of a person’s authorisation under regulation 10(1)(b) must be made in such manner as the Authority may direct.
2
At any time after receiving a request and before determining it, the Authority may require the person making the request to provide it with such further information as it reasonably considers necessary to enable it to determine the request.
3
Different directions may be given and different requirements imposed, in relation to different requests or categories of request.
I7I84
In regulation 42(1) for “communicated” substitute “provided”.
I9I105
In regulation 43(7) for “as unenforceable or void (including any right arising out of a breach of the contract)” substitute “, in accordance with the general law of contract, as unenforceable, void or discharged”.
I11I126
In regulation 47—
a
in paragraph (1)(a) insert at the beginning “in the case of single payment service contracts,”;
b
in paragraph (1)(b) for “if the payment service user so requests” substitute “subject to paragraph (2)”;
c
for paragraph (2) substitute—
2
Paragraph (1)(b)—
a
in the case of single payment service contracts, only applies where the payment service user so requests; and
b
in the case of framework contracts, is subject to any agreement in accordance with regulation 45(3) or 46(3) as to the manner in which information is to be provided or made available.
I13I147
In regulation 51(3)(a) for “55(2)” substitute “55(3) or (4)”.
I15I168
In regulation 66(1)(c) insert at the beginning “where it is possible to provide reasons for the refusal and those reasons relate to factual matters,”.
I17I189
In regulation 69—
a
in paragraphs (1) and (2) before “transaction” insert in each place “payment”;
b
for paragraph (1)(b) substitute—
b
executed wholly within the United Kingdom in sterling; or
I19I2010
In regulation 72(b) after “end of the” insert “next”.
I21I2211
For regulation 110(1)(d) and (e) substitute—
d
a credit institution authorised in the UK or exercising an EEA right in accordance with Part 2 of Schedule 3 to the 2000 Act (exercise of passport rights by EEA firms)4;
e
an electronic money institution authorised in the UK or exercising an EEA right in accordance with Part 2 of Schedule 3 to the 2000 Act;
f
the Post Office Limited;
g
the Bank of England, the European Central Bank or a national central bank of an EEA State other than the United Kingdom,
h
a government department or a local authority; or
i
exempt under regulation 3.
I23I2412
After regulation 126 insert—
Gibraltar
Application to Gibraltar127
Schedule 7, which contains provisions concerning the application of these Regulations to Gibraltar, has effect.
I25I2613
After Schedule 6 to the 2009 Regulations, insert—
SCHEDULE 7
Exercise of deemed passport rights by Gibraltar-based firms1
1
These Regulations apply in relation to a firm which—
a
has its head office in Gibraltar; and
b
is authorised in Gibraltar to provide payment services;
as follows.
2
The firm is to be treated as having an entitlement, corresponding to its passport right deriving from the payment services directive, to establish a branch or provide services in the United Kingdom.
3
References in these Regulations to—
a
“an EEA authorised payment institution” are to be treated as references to the firm;
b
“home state competent authority” are to be treated as references to the competent authority (within the meaning of the payment services directive) in Gibraltar in relation to the firm; and
c
“passport rights” are to be treated as references to the entitlement mentioned in sub-paragraph (2).
Exercise by authorised payment institutions of deemed passport rights in Gibraltar2
1
For the purposes of these Regulations, an authorised payment institution is to be treated as having an entitlement, corresponding to its passport right, to establish a branch or provide services in Gibraltar.
2
In relation to an authorised payment institution which establishes a branch, or provides services, in Gibraltar, references in these Regulations to—
a
“EEA branch” are to be treated as including a reference to such a branch;
b
“host state competent authority” are to be treated as including a reference to the competent authority (within the meaning of the payment services directive) in Gibraltar in relation to the institution;
c
“passport rights” are to be treated as including references to the entitlement mentioned in sub-paragraph (1); and
d
“EEA State” are to be treated as including references to Gibraltar.
Modification of legislation3
1
Section 155(7) of the 2000 Act (consultation) has effect for the purposes of these Regulations as if modified by adding at the end “or if it is making rules for the purpose of extending rules that apply to EEA authorised payment institutions to Gibraltar-based firms”.
2
Paragraph 14 of Schedule 17 to the 2000 Act (the ombudsman scheme) has effect for the purposes of these Regulations as if modified by adding at the end—
8
Sub-paragraphs (4), (5) and (6) above do not apply if the scheme operator is making rules for the purpose of extending rules that apply to EEA authorised payment institutions to Gibraltar-based firms.
(This note is not part of the Regulations)