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Version Superseded: 29/08/2023
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Banking Act 2009, Cross Heading: Regulation is up to date with all changes known to be in force on or before 27 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Bank of England may publish principles to which operators of recognised F1... payment systems are to have regard in operating the systems [F2and principles to which service providers are to have regard in the provision of services to such systems].
(2)Before publishing principles the Bank must obtain the approval of the Treasury.
Textual Amendments
F1Word in s. 188(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 10
F2Words in s. 188(1) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(8)
Commencement Information
I1S. 188 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 1
The Bank of England may publish codes of practice about the operation of recognised F3... payment systems [F4and the provision of services by service providers to such systems].
Textual Amendments
F3Word in s. 189 omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 11
F4Words in s. 189 inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(9)
Commencement Information
I2S. 189 in force at 12.11.2009 for specified purposes and 31.12.2009 in so far as not already in force by S.I. 2009/3000, art. 4, Sch. para. 1
(1)The Bank of England may require the operator of a recognised F5... payment system—
(a)to establish rules for the operation of the system [F6including the operation of services that form part of the arrangements constituting the system and are provided by a service provider];
(b)to change the rules in a specified way or so as to achieve a specified purpose;
(c)to notify the Bank of any proposed change to the rules;
(d)not to change the rules without the approval of the Bank.
(2)A requirement under subsection (1)(c) or (d) may be general or specific.
Textual Amendments
F5Word in s. 190(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 12
F6Words in s. 190(1)(a) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(10)
Commencement Information
I3S. 190 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 1
(1)The Bank of England may give directions in writing to the operator of a recognised F8... [F9payment] system [F10or a service provider in relation to such a system].
(2)A direction may—
(a)require or prohibit the taking of specified action in the operation of the system [F11or the provision of services to the system];
(b)set standards to be met in the operation of the system [F12or the provision of services to the system].
(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 [F13or service provider] (including [F14the operator’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 [F15or 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.]
Textual Amendments
F7S. 191 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(3), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F8Word in s. 191(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 13
F9Word in s. 191(1) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 8; S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
F10Words in s. 191(1) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(11)(a)
F11Words in s. 191(2)(a) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(11)(b)
F12Words in s. 191(2)(b) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(11)(b)
F13Words in s. 191(3) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(11)(c)(i)
F14Words in s. 191(3) substituted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(11)(c)(ii)
F15Words in s. 191(4)(b) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(11)(d)
(1)In exercising powers under this Part the Bank of England shall have regard to any action that [F17the FCA or the PRA] has taken or could take.
[F18(2)The Bank of England—
(a)must consult the FCA before taking action under this Part in respect of a recognised F19... payment system the operator of which satisfies section 186(2)(a) [F20, a service provider in relation to such a system or a service provider which itself satisfies section 186(2)(a)] and
(b)must consult the PRA before taking action under this Part in respect of a recognised F19... payment system the operator of which satisfies section 186(2)(b)] [F21, a service provider in relation to such a system or a service provider which itself satisfies section 186(2)(b)].
(3)If [F22the FCA or the PRA] gives the Bank of England notice that [F23it] is considering taking action in respect of the operator of a recognised F24... payment system who satisfies [F25section 186(2)(a) or (b)] [F26, a service provider in relation to such a system or a service provider which itself satisfies section 186(2)(a) or (b)] the Bank may not take action under this Part in respect of the operator [F27or service provider] unless—
(a)[F28the FCA or (as the case may be) the PRA] consents, or
(b)the notice is withdrawn.
Textual Amendments
F16Words in s. 192 heading substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(6)(d), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F17Words in s. 192(1) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(6)(a), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F18S. 192(2) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(6)(b), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F19Word in s. 192(2)(a)(b) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 14
F20Words in s. 192(2)(a) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(12)(a)(i)
F21Words in s. 192(2)(b) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(12)(a)(ii)
F22Words in s. 192(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(6)(c)(i), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F23Word in s. 192(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(6)(c)(ii), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F24Word in s. 192(3) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 14
F25Words in s. 192(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(6)(c)(iii), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F26Words in s. 192(3) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(12)(b)(i)
F27Words in s. 192(3) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(12)(b)(ii)
F28Words in s. 192(3)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(6)(c)(iv), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Commencement Information
I4S. 192 in force at 12.11.2009 for specified purposes and 31.12.2009 in so far as not already in force by S.I. 2009/3000, arts. 2, 4, Sch. para. 1
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