Banking Act 2009
20Services forming part of recognised inter-bank payment systems
In Part 5 of the Banking Act 2009 (inter-bank payment systems), after section 206 insert—
206AServices forming part of recognised inter-bank payment systems
1
The Treasury may by order make provision applying any provision of this Part to persons who are service providers in relation to a recognised inter-bank payment system.
2
A person is a service provider in relation to a recognised inter-bank payment system if—
a
the person provides services that form part of the arrangements constituting the system, and
b
the person is specified as a person within paragraph (a) by the Treasury in the recognition order made in respect of the system.
3
Telecommunication or information technology services are examples of the kind of services that may fall within subsection (2)(a).
4
Before specifying persons under subsection (2)(b), the Treasury must—
a
consult the Bank of England and the FSA,
b
notify the operator of the system and the persons whom the Treasury proposes to specify, and
c
consider any representations made.
5
The Treasury may not specify the Bank of England under subsection (2)(b).
6
Before making an order under subsection (1), the Treasury must consult—
a
the Bank of England,
b
the FSA, and
c
such other persons as the Treasury consider appropriate.
7
An order under subsection (1)—
a
may modify any provision of this Part in its application to persons who are service providers in relation to a recognised inter-bank payment system;
b
may (but need not) take the form of textual amendment.
8
An order under subsection (1)—
a
is to be made by statutory instrument, and
b
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.