Banking Act 2009

Recognised systemsU.K.

184Recognition orderU.K.

(1)The Treasury may by order (“recognition order”) specify an inter-bank payment system as a recognised system for the purposes of this Part.

(2)A recognition order must specify in as much detail as is reasonably practicable the arrangements which constitute the inter-bank payment system.

(3)The Treasury may not specify an inter-bank system operated solely by the Bank of England.

185Recognition criteriaU.K.

(1)The Treasury may make a recognition order in respect of an inter-bank payment system only if satisfied that any deficiencies in the design of the system, or any disruption of its operation, would be likely—

(a)to threaten the stability of, or confidence in, the UK financial system, or

(b)to have serious consequences for business or other interests throughout the United Kingdom.

(2)In considering whether to specify a system the Treasury must have regard to—

(a)the number and value of the transactions that the system presently processes or is likely to process in the future,

(b)the nature of the transactions that the system processes,

(c)whether those transactions or their equivalent could be handled by other systems,

(d)the relationship between the system and other systems, and

(e)whether the system is used by the Bank of England in the course of its role as a monetary authority.

186ProcedureU.K.

(1)Before making a recognition order in respect of a payment system the Treasury must—

(a)consult the Bank of England,

(b)notify the operator of the system, and

(c)consider any representations made.

[F1(2)In addition, the Treasury—

(a)must consult the FCA before making a recognition order in respect of a payment system the operator of which—

(i)is, or has applied to become, a recognised investment exchange, or

(ii)has, or has applied for, a Part 4A permission, and

(b)if the operator has, or has applied for, a Part 4A permission for the carrying on of a PRA-regulated activity, must also consult the PRA.]

(3)In considering whether to make a recognition order in respect of a payment system the Treasury may rely on information provided by the Bank of England[F2, the FCA or the PRA].

[F3186AAmendment of recognition orderU.K.

(1)The Treasury may amend a recognition order.

(2)Before amending a recognition order the Treasury must—

(a)consult the Bank of England,

(b)notify the operator of the recognised inter-bank payment system, and

(c)consider any representations made.

(3)In addition, the Treasury—

(a)must consult the FCA before amending a recognition order in respect of a payment system the operator of which—

(i)is, or has applied to become, a recognised investment exchange, or

(ii)has, or has applied for, a Part 4A permission, and

(b)if the operator has, or has applied for, a Part 4A permission for the carrying on of a PRA-regulated activity, must also consult the PRA.

(4)The Treasury must consider any request by the operator of a recognised inter-bank payment system for the amendment of its recognition order.]

187De-recognitionU.K.

(1)The Treasury may revoke a recognition order.

(2)The Treasury must revoke a recognition order if not satisfied that the criteria in section 185 are met in respect of the recognised inter-bank payment system.

(3)Before revoking a recognition order the Treasury must—

(a)consult the Bank of England,

(b)notify the operator of the recognised inter-bank payment system, and

(c)consider any representations made.

[F4(4)In addition, the Treasury—

(a)must consult the FCA before revoking a recognition order in respect of a payment system the operator of which—

(i)is, or has applied to become, a recognised investment exchange, or

(ii)has, or has applied for, a Part 4A permission, and

(b)if the operator has, or has applied for, a Part 4A permission for the carrying on of a PRA-regulated activity, must also consult the PRA.]

(5)The Treasury must consider any request by the operator of a recognised inter-bank payment system for the revocation of its recognition order.