Law

Banking Act 2009

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2026-01-19, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 94902aa5e8ff45f3b3adf64fdd061b1a85ec18f1782415d501c316a753a4cf99

Contents: 449 provisions
  1. Title and introductory text
  2. 1 Overview
  3. 2 Interpretation: “bank”
  4. 3 Interpretation: other expressions
  5. 3A Removal of impediments to the exercise of stabilisation powers etc
  6. 3B Safeguards relating to directions under section 3A
  7. 4 Special resolution objectives
  8. 5 Code of practice
  9. 6 Code of practice: procedure
  10. 6A Cases where mandatory write-down, conversion, etc applies
  11. 6B Mandatory write-down, conversion, etc of capital instruments and liabilities
  12. 6C Mandatory reduction instruments: implementation of requirements of section 6B
  13. 6D Mandatory reduction instruments: supplementary matters
  14. 6E Pre-resolution valuation
  15. 7 General conditions
  16. 7A Effect on other group members, financial stability in UK etc
  17. 8 Specific Condition: private sector purchaser, bridge bank or asset management vehicle
  18. 8ZA Specific conditions: asset management vehicle
  19. 8A Specific condition: bail-in
  20. 9 Specific conditions: temporary public ownership
  21. 10 Banking Liaison Panel
  22. 11 Private sector purchaser
  23. 11A Private sector purchaser: marketing
  24. 12 Bridge bank
  25. 12ZA Asset management vehicle
  26. 12A Bail-in option
  27. 12AA Bail-in: sequence of write-down and conversion of capital instruments and liabilities
  28. 12B Bail-in administrators
  29. 13 Temporary public ownership
  30. 14 Interpretation: “securities”
  31. 15 Share transfer instrument
  32. 16 Share transfer order
  33. 17 Effect
  34. 18 Continuity
  35. 19 Conversion and delisting
  36. 20 Directors and senior managers
  37. 21 Ancillary instruments: production, registration, &c.
  38. 22 Termination rights, &c.
  39. 23 Incidental provision
  40. 24 Procedure: instruments
  41. 25 Procedure: orders
  42. 26 Supplemental instruments
  43. 26ZA Onward share transfer instruments
  44. 26A ... reverse share transfer instruments
  45. 27 Supplemental orders
  46. 28 Onward transfer
  47. 29 Reverse share transfer orders
  48. 29A Interpretation: “resolution company”
  49. 30 Resolution company: share transfers
  50. 31 Resolution company: reverse share transfer
  51. 32 Interpretation: general
  52. 33 Property transfer instrument
  53. 34 Effect
  54. 35 Transferable property
  55. 36 Continuity
  56. 36A Directors and senior managers
  57. 37 Licences
  58. 38 Termination rights, &c.
  59. 39 Foreign property
  60. 39A Banks which are recognised central counterparties
  61. 39B Property transfer instrument: delisting
  62. 40 Incidental provision
  63. 41 Procedure
  64. 41A Transfer of property subsequent to resolution instrument
  65. 42 Supplemental instruments
  66. 42A Private sector purchaser: reverse property transfer
  67. 43 Onward transfer
  68. 44 Resolution company: reverse property transfer
  69. 44A Bail in: reverse property transfer
  70. 44B Property transfer instruments: special bail-in provision
  71. 44BA Property transfer instruments and special bail-in provision: supplementary matters
  72. 44C Report on special bail-in provision
  73. 44D Bridge bank: supplemental property transfer powers
  74. 44E Bridge bank: supplemental reverse property transfer powers
  75. 45 Temporary public ownership: property transfer
  76. 46 Temporary public ownership: reverse property transfer
  77. 47 Restriction of partial transfers
  78. 48 Power to protect certain interests
  79. 48A Creation of liabilities
  80. 48B Special bail-in provision
  81. 48C Meaning of “protected deposit”
  82. 48D General interpretation of section 48B
  83. 48E Report on special bail-in provision
  84. 48F Power to amend definition of “excluded liabilities”
  85. 48G Priority between creditors
  86. 48H Business reorganisation plans
  87. 48I Bail-in administrator: further functions
  88. 48J Bail-in administrator: supplementary
  89. 48K Bail-in administrator: money
  90. 48L Powers in relation to securities
  91. 48M Termination rights, etc
  92. 48N Directors and senior managers
  93. 48O Directions in or under resolution instrument
  94. 48P Orders for safeguarding certain financial arrangements
  95. 48Q Continuity
  96. 48R Execution and registration of instruments etc
  97. 48S Resolution instruments: general matters
  98. 48T Procedure
  99. 48U Supplemental resolution instruments
  100. 48V Onward transfer
  101. 48W Reverse transfer
  102. 48WA Bail-in option: recovery of expenses
  103. 48X Replacement of Bank’s provisional valuation
  104. 48Y Consequences of a replacement valuation
  105. 48Z Termination rights etc
  106. 49 Orders
  107. 50 Sale to private sector purchaser
  108. 51 Transfer to temporary public ownership
  109. 52 Transfer to resolution company
  110. 52A Bail-in option
  111. 53 Onward and reverse transfers etc
  112. 54 Independent valuer: compensation scheme order or bail-in compensation order
  113. 55 Independent valuer: supplemental
  114. 56 Independent valuer: money
  115. 57 Valuation principles
  116. 58 Resolution fund
  117. 59 Third party compensation: discretionary provision
  118. 60 Third party compensation: mandatory provision
  119. 60A Further mandatory provision: bail-in provision
  120. 60B Principle of no less favourable treatment
  121. 61 Sources of compensation
  122. 62 Procedure
  123. 62A Independent valuer: sections 6E and 48X
  124. 62B Resolution administrator
  125. 62C Resolution administrator: further functions
  126. 62D Resolution administrator: supplementary
  127. 62E Resolution administrator: money
  128. 63 General continuity obligation: property transfers
  129. 64 Special continuity obligations: property transfers
  130. 65 Continuity obligations: onward property transfers
  131. 66 General continuity obligation: share transfers
  132. 67 Special continuity obligations: share transfers
  133. 68 Continuity obligations: onward share transfers
  134. 69 Continuity obligations: consideration and terms
  135. 70 Continuity obligations: termination
  136. 70A Suspension of obligations
  137. 70B Restriction of security interests
  138. 70C Suspension of termination rights
  139. 70D Suspension: general provisions
  140. 71 Pensions
  141. 72 Enforcement
  142. 73 Disputes
  143. 74 Tax
  144. 75 Power to change law
  145. 76 International obligation notice: general
  146. 77 International obligation notice: resolution company
  147. 78 Public funds: general
  148. 78A Pre-conditions for financial assistance: duty of Bank to give information
  149. 79 Public funds: resolution company
  150. 79A Private sector purchaser: report
  151. 80 Resolution company: report
  152. 80A Transfer for bail-in purposes: report
  153. 81 Temporary public ownership: report
  154. 81A Accounting information to be included in reports under sections 80, 80A(2)(b) and 81
  155. 81AA Cases where mandatory write-down, conversion etc applies: banking group companies
  156. 81B Sale to commercial purchaser and transfer to bridge bank
  157. 81ZZBA Sale to commercial purchaser and transfer to bridge bank: supplemental powers in relation to certain holding companies
  158. 81ZZBB Assessment of conditions for section 81ZZBA
  159. 81ZBA Transfer to asset management vehicle
  160. 81ZBB Transfer to asset management vehicle: supplemental powers in relation to certain holding companies
  161. 81ZBC Assessment of conditions for section 81ZBB
  162. 81BA Bail-in option
  163. 81BB Bail-in option: supplemental powers in relation to certain holding companies
  164. 81BC Assessment of conditions for section 81BB
  165. 81C Sections 81AA to 81ZBB: supplemental
  166. 81CA Section 81BA and Section 81BB: supplemental
  167. 81D Interpretation: “banking group company” &c.
  168. 82 Temporary public ownership
  169. 83 Supplemental
  170. 83ZA Information
  171. 83ZB Reports by skilled persons
  172. 83ZC Appointment of persons to carry out general investigations
  173. 83ZD Appointment of person to carry out investigations in particular cases
  174. 83ZE Investigations etc in support of foreign resolution authorities
  175. 83ZF Investigations: general
  176. 83ZG Powers of persons appointed under section 83ZC
  177. 83ZH Powers of persons appointed as a result of section 83ZD
  178. 83ZI Admissibility of statements made to investigators
  179. 83ZJ Information and documents: supplemental provision
  180. 83ZK Protected items
  181. 83ZL Entry of premises under warrant
  182. 83ZM Retention of documents obtained under section 83ZL
  183. 83ZN Offences etc
  184. 83ZO Prosecution of offences under section 83ZN
  185. 83ZP Offences under section 83ZN by bodies corporate etc
  186. 83ZQ Injunctions: prevent failure to comply with relevant requirement
  187. 83ZR Regulatory sanctions
  188. 83ZS Determination of sanctions
  189. 83ZT Procedure: warning notice
  190. 83ZU Procedure: decision notice
  191. 83ZV Procedure: general
  192. 83ZW Appeal
  193. 83ZX Injunctions: failure to comply with certain section 83ZR sanctions
  194. 83ZY Publication
  195. 83ZZ Co-operation
  196. 83Z1 Delegation of enforcement functions
  197. 83Z2 Enforcement: share transfer orders
  198. 83A Modifications of Part
  199. 84 Application of Part 1: general
  200. 84ZA Bridge bank: share transfer instruments
  201. 84A Bail-in option: building societies
  202. 84B Further provision: conversion of building society into company
  203. 84C Further provision: transfer of business of building society to company
  204. 84D Transfer to a bridge bank or Bail-in option: modifications of this Act and other legislation
  205. 85 Temporary public ownership
  206. 86 Distribution of assets on dissolution or winding up
  207. 87 Interpretation
  208. 88 Consequential provision
  209. 89 Credit unions
  210. 89A Application to investment firms
  211. 89B Application to recognised central counterparties
  212. 89C Recognised central counterparty rules
  213. 89D Recognised central counterparty membership
  214. 89E Recognition of transferee company
  215. 89F Recognised central counterparty compensation orders
  216. 89G Interpretation: “recognised central counterparty” &c.
  217. 89H Recognition of third-country resolution actions
  218. 89I Effect of recognition of third-country resolution action by Bank of England
  219. 89J Third-country instruments: supplementary provision
  220. 89JA Resolution of UK branches of third-country institutions
  221. 89K Insolvency Proceedings
  222. 89L Restrictions on disclosure of confidential information
  223. 89M Giving of notices, documents etc under Part 1
  224. 90 Overview
  225. 91 Interpretation: “bank”
  226. 92 Interpretation: “the court”
  227. 93 Interpretation: other expressions
  228. 94 The order
  229. 95 Application
  230. 96 Grounds for applying
  231. 97 Grounds for making
  232. 98 Commencement
  233. 99 Objectives
  234. 100 Liquidation committee
  235. 101 Liquidation committee: supplemental
  236. 102 Objective 1: (a) or (b)?
  237. 103 General powers, duties and effect
  238. 104 Additional general powers
  239. 105 Status of bank liquidator
  240. 106 Term of appointment
  241. 107 Resignation
  242. 108 Removal by court
  243. 109 Removal by creditors
  244. 110 Disqualification
  245. 111 Release
  246. 112 Replacement
  247. 113 Company voluntary arrangement
  248. 114 Administration
  249. 115 Dissolution
  250. 116 Dissolution: supplemental
  251. 117 Bank insolvency as alternative order
  252. 118 Voluntary winding-up
  253. 119 Exclusion of other procedures
  254. 120 Notice to PRA of preliminary steps
  255. 120A Notice to the regulators and the Bank of England of preliminary steps
  256. 121 Disqualification of directors
  257. 122 Application of insolvency law
  258. 123 Role of FSCS
  259. 124 Transfer of accounts
  260. 125 Rules
  261. 126 Fees
  262. 127 Insolvency Services Account
  263. 128 Evidence
  264. 129 Co-operation between courts
  265. 129A Banks not regulated by PRA
  266. 130 Building societies
  267. 131 Credit unions
  268. 132 Partnerships
  269. 133 Scottish partnerships
  270. 134 Northern Ireland
  271. 135 Consequential provision
  272. 136 Overview
  273. 137 Objectives
  274. 138 Objective 1: supporting private sector purchaser or resolution company
  275. 139 Objective 1: duration
  276. 140 Objective 2: “normal” administration
  277. 141 Bank administration order
  278. 142 Application
  279. 143 Grounds for applying
  280. 144 Grounds for making
  281. 145 General powers, duties and effect
  282. 145A Power to direct bank administrator
  283. 146 Status of bank administrator
  284. 147 Administrator's proposals
  285. 148 Sharing information
  286. 149 General application of this Part
  287. 150 Resolution company to private purchaser
  288. 151 Property transfer from resolution company
  289. 152 Property transfer from temporary public ownership
  290. 152A Property transfer from transferred institution
  291. 153 Successful rescue
  292. 154 Winding-up or voluntary arrangement
  293. 155 Disqualification of directors
  294. 156 Application of other law
  295. 157 Other processes
  296. 157A Banks not regulated by PRA
  297. 158 Building societies
  298. 159 Credit unions
  299. 159A Application to investment firms
  300. 160 Rules
  301. 161 Fees
  302. 162 Evidence
  303. 163 Partnerships
  304. 164 Scottish partnerships
  305. 165 Co-operation between courts
  306. 166 Interpretation: general
  307. 167 Northern Ireland
  308. 168 Consequential provision
  309. 169 Overview
  310. 171 Special resolution regime
  311. 173 Borrowing from National Loans Fund
  312. 174 Procedure for claims
  313. 175 Rights in insolvency
  314. 176 Information
  315. 177 Payments in error
  316. 178 Regulations
  317. 179 Delegation of functions
  318. 180 Functions under this Act
  319. 181 Overview
  320. 182 Interpretation: ... key terms
  321. 183 Interpretation: other expressions
  322. 184 Recognition order : payment system
  323. 184A Recognition order: DSA service provider
  324. 185 Recognition criteria : payment system
  325. 185A Recognition criteria: DSA service provider
  326. 186 Procedure
  327. 186A Amendment of recognition order
  328. 187 De-recognition
  329. 188 Principles
  330. 189 Codes of practice
  331. 190 System rules
  332. 190A Service provider rules
  333. 191 Directions
  334. 192 Role of FCA and PRA
  335. 192A Power of Bank to require FCA to refrain from specified action
  336. 193 Inspection
  337. 194 Inspection: warrant
  338. 195 Independent report
  339. 196 Compliance failure
  340. 197 Publication
  341. 198 Penalty
  342. 199 Closure
  343. 200 Management disqualification
  344. 201 Warning
  345. 202 Appeal
  346. 202A Injunctions
  347. 203 Fees
  348. 203A Records
  349. 203B Annual report
  350. 203C Policy statement
  351. 204 Information
  352. 205 Pretending to be recognised
  353. 206 Saving for informal oversight
  354. 206A Service providers
  355. 206AA Service providers connected with a recognised payment system that uses digital settlement assets
  356. 206B International obligations
  357. 206C Overview and purpose
  358. 206D Policy statement
  359. 206E Interpretation: “wholesale cash distribution”
  360. 206F Interpretation: other terms
  361. 206G Wholesale cash oversight orders
  362. 206H “Market significance” and “systemic significance”
  363. 206I Procedure
  364. 206J Amendment or revocation of a wholesale cash oversight order
  365. 206K Principles
  366. 206L Codes of practice
  367. 206M Directions
  368. 206N Role of the FCA, PRA and Payment Systems Regulator
  369. 206O Inspection
  370. 206P Inspection: warrant
  371. 206Q Independent report
  372. 206R Compliance failure
  373. 206S Publication
  374. 206T Penalty
  375. 206U Closure
  376. 206V Management disqualification
  377. 206W Warning
  378. 206X Appeal
  379. 206Y Injunctions
  380. 206Z Fees
  381. 206Z1 Records
  382. 206Z2 Annual report
  383. 206Z3 Requirement to provide information
  384. 206Z4 Disclosure of information
  385. 206Z5 Saving for informal oversight
  386. 206Z6 Power to disapply regulation and enforcement provisions
  387. 207 Overview
  388. 208 “Banknote”
  389. 209 “Issue”
  390. 210 “Authorised bank”
  391. 211 “Commencement”
  392. 212 Repeal of old authorising enactments
  393. 213 Authorisation to issue banknotes
  394. 214 Consequential repeals and amendments
  395. 214A Power to designate banks as “authorised banks”
  396. 215 Banknote regulations
  397. 216 Banknote rules
  398. 217 Backing assets
  399. 218 Information
  400. 219 Ceasing the business of issuing notes
  401. 220 Insolvency, &c.
  402. 221 Offence: unlawful issue
  403. 222 Financial penalty
  404. 223 Termination of right to issue
  405. 224 Application to court
  406. 225 Organisation
  407. 226 Discretionary functions
  408. 227 Exemption
  409. 228 Consolidated Fund
  410. 229 National Loans Fund
  411. 230 “Financial institution”
  412. 231 Reports
  413. 232 Definition
  414. 233 Insolvency regulations
  415. 234 Regulations: details
  416. 235 Regulations: procedure
  417. 236 Review
  418. 237 Compensation: valuer
  419. 238 UK financial stability
  420. 239 Number of directors
  421. 240 Meetings
  422. 241 Chair of court
  423. 242 Quorum
  424. 243 Tenure
  425. 244 Immunity
  426. 245 Weekly return
  427. 246 Information
  428. 247 Bank of England Act 1946
  429. 248 Variation of permission
  430. 249 Functions
  431. 250 Information
  432. 251 Financial assistance to building societies
  433. 252 Registration of charges
  434. 253 Registration of charges: Scotland
  435. 254 Abolition for cheques
  436. 255 Regulations
  437. 256 Supplemental
  438. 256A State aid
  439. 256B Bank of England” and “Prudential Regulation Authority”
  440. 257 “Financial assistance”
  441. 258 “Enactment”
  442. 258A Investment firm”
  443. 259 Statutory instruments
  444. 260 Money
  445. 261 Index of defined terms
  446. 262 Repeal
  447. 263 Commencement
  448. 264 Extent
  449. 265 Short title

Proposed changes to this act

No one has proposed a change to this act yet.

449 provisions

183 Interpretation: other expressions

In this Part— (a) a reference to the “operator” of a payment system is a reference to any person with responsibility under the system for managing or operating it, (b) a reference to the operation of a system includes a reference to its management, (ba) a reference to a “service provider” is to be construed in accordance with section 206A(2), (c) “the UK financial system” has the meaning given ... by section 1I of the Financial Services and Markets Act 2000 ..., (d) a reference to the Bank of England's role as a monetary authority is to be construed in accordance with section 244(2)(c), (e) the FCA” means the Financial Conduct Authority, (f) “Part 4A permission” has the meaning given by section 55A of the Financial Services and Markets Act 2000, (g) “the PRA” means the Prudential Regulation Authority, (h) “PRA-regulated activity” has the meaning given by section 22A of the Financial Services and Markets Act 2000, ... (i) “recognised investment exchange” has the meaning given by section 285 of that Act. (j) “the Payment Systems Regulator” means the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013, and (k) in sections 188 to 199 (regulation and enforcement), references to the provision of services by a service provider to a payment system or to a DSA service provider include references to— (i) services provided by the service provider which form part of the arrangements constituting , or connected with, the system, and (ii) the service provider’s arrangements for governance or risk management, or for any other matters which may affect the provision of the services by the service provider.

Propose a change

184 Recognition order : payment system

(1) The Treasury may by order (“recognition order”) specify a 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 ... payment system. (3) The Treasury may not specify a payment system operated solely by the Bank of England. (4) See section 206A for the power to specify in a recognition order a person as a person who provides services that form part of the arrangements constituting or connected with the recognised system.

Propose a change

184A Recognition order: DSA service provider

(1) The Treasury may by order (“recognition order”) specify a DSA service provider as a recognised DSA service provider for the purposes of this Part. (2) A recognition order under this section must specify in as much detail as is reasonably practicable the services provided. (3) The Treasury may not specify a DSA service provider operated solely by the Bank of England.

Propose a change

185 Recognition criteria : payment system

(1) The Treasury may make a recognition order in respect of a 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.

Propose a change

185A Recognition criteria: DSA service provider

(1) The Treasury may make a recognition order in respect of a DSA service provider only if satisfied that any deficiencies in the services provided by the service provider, or any disruption to the provision of those services, 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 DSA service provider the Treasury must have regard to— (a) the value of the services in relation to payment systems that the DSA service provider presently provides or is likely to provide in the future, (b) the nature of the services in relation to payment systems that the DSA service provider provides, (c) whether those services or their equivalent could be provided by others, and (d) the relationship between the DSA service provider and— (i) operators of payment systems that use digital settlement assets, and (ii) other DSA service providers.

Propose a change

186 Procedure

(1) Before making a recognition order in respect of a payment system or a DSA service provider the Treasury must— (a) consult the Bank of England and the Payment Systems Regulator, (aa) in the case of a recognition order in respect of a DSA service provider, consult the FCA, (b) notify the operator of the system or the DSA service provider (as appropriate), and (c) consider any representations made. (See section 206A(4) for the procedure to be followed before specifying a person under section 206A(2)(b) (service providers in relation to recognised payment systems) in a recognition order.) (2) In addition, the Treasury— (a) must consult the FCA before making a recognition order in respect of a payment system or a DSA service provider, where the operator of the system or the provider — (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 or provider 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 or a DSA service provider the Treasury may rely on information provided by the Bank of England, the FCA or the PRA.

Propose a change

186A Amendment of recognition order

(1) The Treasury may amend a recognition order. (2) Before amending a recognition order the Treasury must— (a) consult the Bank of England and the Payment Systems Regulator, (aa) in the case of a recognition order in respect of a DSA service provider, consult the FCA, (b) notify the operator of the recognised ... payment system or the recognised DSA service provider (as appropriate), and (c) consider any representations made. (See section 206A(4) for the procedure to be followed before amending a recognition order so as to specify a person under section 206A(2)(b) (service providers in relation to recognised payment systems) in the order.) (2A) Before amending a recognition order so as to revoke or amend the specification of a person under section 206A(2)(b), the Treasury must also— (a) consult the FCA and the PRA, (b) notify the specified person, 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 or a DSA service provider, where the operator of the system or the provider— (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 or provider 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 ... payment system or by a recognised DSA service provider for the amendment of its recognition order or any request by a service provider in relation to such a system or provider, for the amendment or revocation of its specification.

Propose a change

187 De-recognition

(1) The Treasury may revoke a recognition order. (2) The Treasury must revoke a recognition order if not satisfied— (a) that the criteria in section 185 are met in respect of the recognised ... payment system. , or (b) that the criteria in section 185A are met in respect of the recognised DSA service provider. (3) Before revoking a recognition order the Treasury must— (a) consult the Bank of England and the Payment Systems Regulator, (aa) in the case of a recognition order in respect of a DSA service provider, consult the FCA, (b) notify the operator of the recognised ... payment system or the recognised DSA service provider (as appropriate), and (c) consider any representations made. (4) In addition, the Treasury— (a) must consult the FCA before revoking a recognition order in respect of a payment system or a DSA service provider, where the operator of the system or the provider — (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 or provider 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 ... payment system , or by a recognised DSA service provider for the revocation of its recognition order.

Propose a change

188 Principles

(1) The Bank of England may publish— (a) principles to which operators of recognised ... payment systems are to have regard in operating the systems and (b) principles to which recognised DSA service providers are to have regard in the provision of services to payment systems (whether or not recognised), (c) principles to which service providers are to have regard in the provision of services to such systems or to such DSA service providers. (2) Before publishing principles the Bank must obtain the approval of the Treasury.

Propose a change

189 Codes of practice

The Bank of England may publish codes of practice about— (a) the operation of recognised ... payment systems; ... (b) the provision of services by DSA service providers in relation to payment systems (whether or not recognised), or (c) the provision of services by service providers to such systems or to such DSA service providers.

Propose a change

190 System rules

(1) The Bank of England may require the operator of a recognised ... payment system— (a) to establish rules for the operation of the system including the operation of services that form part of the arrangements constituting , or connected with, the system and are provided by a service provider , or a DSA 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.

Propose a change

190A Service provider rules

(1) The Bank of England may require a recognised DSA service provider— (a) to establish rules for the operation of services provided by the recognised DSA service provider; (b) to establish rules for the operation of services provided by a service provider to the recognised DSA service provider; (c) to change the rules in a specified way or so as to achieve a specified purpose; (d) to notify the Bank of any proposed change to the rules; (e) not to change the rules without the approval of the Bank. (2) A requirement under subsection (1)(d) or (e) may be general or specific.

Propose a change

191 Directions

(1) The Bank of England may give directions in writing to— (a) the operator of a recognised ... payment system, (b) to a recognised DSA service provider, or (c) a service provider in relation to such a system or to such DSA service providers. (2) A direction may— (a) require or prohibit the taking of specified action in the operation of the system or the provision of services ...; (b) set standards to be met in the operation of the system or the provision of services .... (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 , DSA service provider or service provider (including the operator’s , DSA service provider’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 , DSA service provider or 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.

Propose a change

192 Role of FCA and PRA

(1) In exercising powers under this Part the Bank of England shall have regard to any action that the FCA or the PRA has taken or could take. (2) The Bank of England— (a) must consult the FCA before taking action under this Part in respect of a recognised ... payment system the operator of which satisfies section 186(2)(a) , 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 ... payment system the operator of which satisfies section 186(2)(b) , a service provider in relation to such a system or a service provider which itself satisfies section 186(2)(b). (3) If the FCA or the PRA gives the Bank of England notice that it is considering taking action in respect of the operator of a recognised ... payment system who satisfies section 186(2)(a) or (b) , 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 or service provider unless— (a) the FCA or (as the case may be) the PRA consents, or (b) the notice is withdrawn.

Propose a change

192A Power of Bank to require FCA to refrain from specified action

(1) Where the first, second and third conditions are met, the Bank of England may give a direction under this section to the FCA. (2) The first condition is that the FCA is proposing to exercise any of its powers in relation to— (a) a recognised payment system that includes arrangements using digital settlement assets, or (b) a recognised DSA service provider. (3) The second condition is that the Bank of England is of the opinion that the exercise of the power in the manner proposed may— (a) threaten the stability of the UK financial system, (b) have serious consequences for business or other interests in the United Kingdom (including for the payment system or provider in relation to which the powers are proposed to be exercised), or (c) have an adverse effect on the Bank’s ability to act in its capacity as a monetary authority. (4) The third condition is that the Bank of England is of the opinion that the giving of the direction is necessary in order to avoid an outcome mentioned in subsection (3). (5) A direction under this section is a direction requiring the FCA not to exercise the power or not to exercise it in a specified manner. (6) The direction may be expressed to have effect during a specified period or until revoked. (7) The FCA is not required to comply with a direction under this section if or to the extent that in the opinion of the FCA compliance would be incompatible with any international obligation of the United Kingdom.

Propose a change

193 Inspection

(1) The Bank of England may appoint one or more persons to inspect the operation of a recognised ... payment system , a recognised DSA service provider or the provision of services to such a system or such a DSA service provider by a service provider. (2) The operator of a recognised ... payment system , or a recognised DSA service provider , or a service provider in relation to such a system or such a DSA service provider, must— (a) grant an inspector access, on request and at any reasonable time, to premises on or from which any part of the system is operated or (as the case may be) premises on or from which any part of the services is provided, and (b) otherwise co-operate with an inspector.

Propose a change

194 Inspection: warrant

(1) A justice of the peace may on the application of an inspector issue a warrant entitling an inspector or a constable to enter premises if— (a) there is conducted on the premises any part of the management or operation of— (i) a recognised payment system (whether by an operator of the system or by someone providing services used by an operator), ... (ia) a recognised DSA service provider, or (ii) a service provider in relation to a recognised payment system or a recognised DSA service provider, and (b) any of the following conditions is satisfied. (2) Condition 1 is that— (a) a requirement under section 204 in connection with the payment system , the DSA service provider or the service provider has not been complied with, and (b) there is reason to believe that information relevant to the requirement is on the premises. (3) Condition 2 is that there is reason to suspect that if a requirement under section 204 were imposed in connection with the payment system , the DSA service provider or the service provider in respect of information on the premises— (a) the requirement would not be complied with, and (b) the information would be destroyed or otherwise tampered with. (4) Condition 3 is that an inspector— (a) gave reasonable notice of a wish to enter the premises, and (b) was refused entry. (5) Condition 4 is that a person occupying or managing the premises has failed to co-operate with an inspector. (6) A warrant— (a) permits an inspector or a constable to enter the premises, (b) permits an inspector or a constable to search the premises and copy or take possession of information or documents, and (c) permits a constable to use reasonable force. (7) Sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 (warrants: procedure) apply to warrants under this section. (8) In the application of this section to Scotland— (a) the reference to a justice of the peace includes a reference to a sheriff, and (b) ignore subsection (7). (9) In the application of this section to Northern Ireland— (a) the reference to a justice of the peace is a reference to a lay magistrate, and (b) the reference to sections 15(5) to (8) and 16 of the Police and Criminal Evidence Act 1984 is a reference to the equivalent provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989.

Propose a change

195 Independent report

(1) The Bank of England may require (a) the operator of a recognised ... payment system to appoint an expert to report on the operation of the system ; ... (b) a service provider in relation to a recognised payment system to appoint an expert to report on the provision of services to the system. (c) a recognised DSA service provider to appoint an expert to report on the provision of services to payment systems (whether or not recognised), or (d) a service provider in relation to a recognised DSA service provider to appoint an expert to report on the provision of services to the DSA service provider. (2) The Bank may impose a requirement only if it thinks— (a) the operator , recognised DSA service provider or service provider is not taking sufficient account of principles published by the Bank under section 188, (b) the operator , recognised DSA service provider or service provider is failing to comply with a code of practice under section 189, or (c) the report is likely for any other reason to assist the Bank in the performance of its functions under this Part. (3) The Bank may impose requirements about— (a) the nature of the expert to be appointed; (b) the content of the report; (c) treatment of the report (including disclosure and publication); (d) timing.

Propose a change

196 Compliance failure

In this Part “compliance failure” means a failure by the operator of a recognised ... payment system , a recognised DSA service provider , or a service provider in relation to such a system, or such a DSA service provider to— (a) comply with a code of practice under section 189, (b) comply with a requirement under section 190, (c) comply with a direction under section 191, or (d) ensure compliance with a requirement under section 195.

Propose a change

197 Publication

(1) The Bank of England may publish details of a compliance failure by the operator of a recognised ... payment system , a recognised DSA service provider or a service provider in relation to such a system or such a DSA service provider. (2) The Bank may publish details of a sanction imposed under sections 198 to 200.

Propose a change

198 Penalty

(1) The Bank of England may require the operator of a recognised ... payment system , a recognised DSA service provider , or a service provider in relation to such a system, or such a DSA service provider to pay a penalty in respect of a compliance failure. (2) A penalty— (a) must be paid to the Bank of England, and (b) may be enforced by the Bank as a debt. (3) The Bank must prepare a statement of the principles which it will apply in determining— (a) whether to impose a penalty, and (b) the amount of a penalty. (4) The Bank must— (a) publish the statement on its internet website, (b) send a copy to the Treasury, (c) review the statement from time to time and revise it if necessary (and paragraphs (a) and (b) apply to a revision), and (d) in applying the statement to a compliance failure, apply the version in force when the failure occurred.

Propose a change

199 Closure

(1) This section applies if the Bank of England thinks that a compliance failure— (a) threatens the stability of, or confidence in, the UK financial system, or (b) has serious consequences for business or other interests throughout the United Kingdom. (2) The Bank may give the operator of the ... payment system concerned , the DSA service provider concerned , or the service provider concerned, an order to stop operating the system , providing services, or (as the case may be) providing services to a recognised payment system or recognised DSA service provider (a “closure order”)— (a) for a specified period, (b) until further notice, or (c) permanently. (3) A closure order may apply to— (a) all activities of the payment system , or DSA service provider or all services provided to a recognised payment system , or a recognised DSA service provider by the service provider, or (b) specified activities or specified services. (3A) Before giving a closure order to a service provider, the Bank must have regard to the public interest in the continued operation of each recognised payment system , or of each recognised DSA service provider, in relation to which the service provider is specified under section 206A(2)(b) or 206A(2A)(b) (as the case may be). (4) An operator , DSA service provider, or service provider who fails to comply with a closure order commits an offence. (5) A person guilty of an offence is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, or (b) on conviction on indictment, to a fine.

Propose a change

200 Management disqualification

(1) The Bank of England may by order prohibit a specified person from being an operator of a recognised ... payment system or from being a DSA service provider— (a) for a specified period, (b) until further notice, or (c) permanently. (2) The Bank may by order prohibit a specified person from holding an office or position involving responsibility for taking decisions about the management of a recognised ... payment system , or a recognised DSA service provider, or about the management of a service provider in relation to such a system or such a DSA service provider— (a) for a specified period, (b) until further notice, or (c) permanently. (2A) Before making an order under subsection (2) in respect of a service provider, the Bank must have regard to the public interest in the continued operation of each recognised payment system , or of each recognised DSA service provider, in relation to which the service provider is specified under section 206A(2)(b). or 206A(2A)(b) (as the case may be). (3) A person who breaches a prohibition under subsection (1) or (2) commits an offence. (4) A person guilty of an offence is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, or (b) on conviction on indictment, to a fine.

Propose a change

201 Warning

(1) Before imposing a sanction on the operator of a payment system , on a DSA service provider, , on a service provider in relation to such a system or such a DSA service provider or on another person the Bank of England must— (a) give the operator , DSA service provider , service provider or other person a notice (a “warning notice”), (b) give the operator , DSA service provider , service provider or other person at least 21 days to make representations, (c) consider any representations made, and (d) as soon as is reasonably practicable, give the operator , DSA service provider , service provider or other person a notice stating whether or not the Bank intends to impose the sanction. (1A) Before imposing a sanction on a person who is a service provider in relation to a recognised payment system or recognised DSA service provider the Bank must also— (a) give the operator of the payment system , or DSA service provider a notice (a “warning notice”), (b) give the operator , or DSA service provider at least 21 days to make representations, (c) consider any representations made, and (d) as soon as reasonably practicable, give the operator or DSA service provider a notice stating whether the Bank intends to impose the sanction. (2) In subsections (1) and (1A) “imposing a sanction” means— (a) publishing details under section 197(1), (b) requiring the payment of a penalty under section 198, (c) giving a closure order under section 199, or (d) making an order under section 200. (3) Despite subsections (1) and (1A), if satisfied that it is necessary the Bank may without notice— (a) give a closure order under section 199, or (b) make an order under section 200.

Propose a change

202 Appeal

(1) Where the Bank of England notifies a person under section 201(1)(d) or (1A)(d) that the Bank intends to impose a sanction, the person may appeal to the Upper Tribunal. (2) Where the Bank of England imposes a sanction on a person without notice in reliance on section 201(3), the person and, if the person is a service provider in relation to a recognised payment system or recognised DSA service provider, the operator of the payment system or DSA service provider (as the case may be), may appeal to the Upper Tribunal. (3) The Bank of England may not impose a sanction while an appeal under this section could be brought or is pending.

Propose a change

202A Injunctions

(1) If, on the application of the Bank of England, the court is satisfied— (a) that there is a reasonable likelihood that there will be a compliance failure, or (b) that there has been a compliance failure and there is a reasonable likelihood that it will continue or be repeated, the court may make an order restraining the conduct constituting the failure. (2) If, on the application of the Bank of England, the court is satisfied— (a) that there has been a compliance failure by the operator of a recognised ... payment system , a recognised DSA service provider, or a service provider in relation to such a system or such a DSA service provider, and (b) that there are steps which could be taken for remedying the failure, the court may make an order requiring the operator , DSA service provider or service provider, and anyone else who appears to have been knowingly concerned in the failure, to take such steps as the court may direct to remedy it. (3) If, on the application of the Bank of England, the court is satisfied— (a) that there may have been a compliance failure by the operator of a recognised ... payment system , a recognised DSA service provider, or a service provider in relation to such a system or such a DSA service provider, or (b) that a person may have been knowingly concerned in a compliance failure, the court may make an order restraining the operator , DSA service provider, , service provider or person from dealing with any assets which it is satisfied the operator , service provider or person is reasonably likely to deal with. (4) The jurisdiction conferred by this section is exercisable— (a) in England and Wales and Northern Ireland, by the High Court, and (b) in Scotland, by the Court of Session. (5) In this section— (a) references to an order restraining anything are, in Scotland, to be read as references to an interdict prohibiting that thing, (b) references to remedying a failure include mitigating its effect, and (c) references to dealing with assets include disposing of them.

Propose a change

203 Fees

(1) The Bank of England may require operators of recognised ... payment systems , recognised DSA service providers, , and service providers in relation to such systems or such DSA service providers, to pay fees. (2) A requirement under subsection (1) must relate to a scale of fees approved by the Treasury by regulations. (3) Regulations under subsection (2)— (a) shall be made by statutory instrument, and (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) A requirement under subsection (1) may be enforced by the Bank as a debt.

Propose a change

203A Records

(1) The Bank of England must maintain satisfactory arrangements for— (a) recording decisions made in the exercise of its functions under this Part, and (b) the safe-keeping of those records which it considers ought to be preserved. (2) The duty in subsection (1) does not apply to a decision to issue a notice under section 204(1).

Propose a change

203B Annual report

(1) At least once a year the Bank of England must make a report to the Treasury on— (a) the discharge of its functions under this Part, (b) the extent to which, in its opinion, in discharging those functions its financial stability objective has been met, and (c) such other matters as the Treasury may from time to time direct. (2) Subsection (1) does not require the inclusion in the report of any information whose publication would in the opinion of the Bank of England be against the public interest. (3) The Treasury must lay before Parliament a copy of each report received by them under this section.

Propose a change

203C Policy statement

(1) The Bank of England must prepare a statement of the general policy it proposes to follow in relation to its oversight under this Part of — (a) recognised payment systems that include arrangements using digital settlement assets, (b) DSA service providers, and (c) service providers as described in sections 206A and 206AA. (2) Before issuing a statement of policy under this section, the Bank must consult the FCA. (3) The Bank must — (a) publish the statement on its website, (b) send a copy to the Treasury, and (c) review the statement from time to time and revise it if necessary (and paragraphs (a) and (b) apply to a revision). (4) Nothing in this section is to be regarded as preventing the Bank of England from exercising any of its powers under this Part where it considers it necessary to do so by reason of urgency, before it has prepared a statement under this section.

Propose a change

204 Information

(1) The Bank of England may by notice in writing require a person to provide information— (a) which the Bank thinks will help the Treasury in determining whether to make a recognition order or an order under section 206A , or to specify a person under section 206A(2)(b) or 206A(2A)(b), or (b) which the Bank otherwise requires in connection with its functions under this Part. (1A) The Bank of England may by notice in writing require the operator of a recognised ... payment system , a recognised DSA service provider, or a service provider in relation to such a system or such a DSA service provider to provide information which the Bank requires in connection with the exercise of its functions (whether under this Part or otherwise) in pursuance of its financial stability objective. (2) In particular, a notice under subsection (1) or (1A) may require the operator of a recognised ... payment system , a recognised DSA service provider, or a service provider in relation to such a system or such a DSA service provider to notify the Bank if events of a specified kind occur. (3) A notice under subsection (1) or (1A) may require information to be provided— (a) in a specified form or manner; (b) at a specified time; (c) in respect of a specified period. (4) The Bank may disclose information obtained by virtue of this section to— (a) the Treasury; (b) the FCA; (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) an authority in a country or territory outside the United Kingdom which exercises functions similar to those of the Treasury, the Bank of England , the FCA or the PRA in relation to ... payment systems; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) the Bank for International Settlements. (5) Subsection (4)— (a) overrides a contractual or other requirement to keep information in confidence, and (b) is without prejudice to any other power to disclose information. (6) The Treasury may by regulations permit the disclosure of information obtained by virtue of this section to a specified person. (7) The Bank may publish information obtained by virtue of this section. (8) The Treasury may make regulations about the manner and extent of publication under subsection (7). (9) Regulations under this section— (a) shall be made by statutory instrument, and (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (10) It is an offence— (a) to fail without reasonable excuse to comply with a requirement under this section; (b) knowingly or recklessly to give false information in pursuance of this section. (11) A person guilty of an offence is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, or (b) on conviction on indictment, to a fine.

Propose a change

205 Pretending to be recognised

(1) It is an offence for the operator of a non-recognised ... payment system or DSA service provider— (a) to assert that the system or provider is recognised, or (b) to do anything which suggests that the system or provider is recognised. (1A) It is an offence for a person who is not a service provider in relation to a recognised payment system or recognised DSA service provider— (a) to assert that the person is such a service provider, or (b) to do anything which suggests that the person is such a service provider. (2) A person guilty of an offence is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, or (b) on conviction on indictment, to a fine.

Propose a change

206 Saving for informal oversight

(1) Nothing in this Part prevents the Bank of England from having dealings with the operators of payment systems , DSA service providers , or persons who provide services in relation to payment systems, or DSA service providers to which this Part does not apply. (2) Nothing in this Part prevents the Bank from having dealings, other than through the provisions of this Part, with the operators of payment systems , DSA service providers , or persons who provide services in relation to payment systems, or DSA service providers to which this Part does apply.

Propose a change

206A Service providers

(1) The Treasury may by order make provision applying any provision of this Part to ... service providers— (a) in relation to a recognised ... payment system , or (b) in relation to a recognised DSA service provider. (2) A person is a service provider in relation to a recognised ... 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. (2A) A person is a service provider in relation to a recognised DSA service provider if— (a) the person provides services to the recognised DSA service provider, and (b) the person is specified as a person within paragraph (a) by the Treasury in the recognition order made in respect of the DSA service provider. (2B) A payment system that includes arrangements using digital settlement assets is a service provider in relation to a recognised DSA service provider if— (a) the system provides services to the recognised DSA service provider, and (b) the system is specified as a system within paragraph (a) by the Treasury in the recognition order made in respect of the DSA service provider. (3) Telecommunication or information technology services are examples of the kind of services that may fall within subsection (2)(a). (3A) In relation to a recognised payment system that includes arrangements using digital settlement assets, subsection (2)(a) includes a person providing services connected with the system. See section 206AA. (4) Before specifying persons under subsection (2)(b) or (2A)(b) or systems under subsection (2B)(b), the Treasury must— (a) consult the Bank of England , the Payment Systems Regulator , the FCA and the PRA, (b) notify the operator of the system or DSA service provider 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) , (2A)(b) or (2B)(b). (6) Before making an order under subsection (1), the Treasury must consult— (a) the Bank of England, (b) the FCA, (ba) the PRA, 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 ... 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.

Propose a change

206AA Service providers connected with a recognised payment system that uses digital settlement assets

For the purposes of section 206A(3A), a person provides services connected with the system where— (a) the person creates or issues the digital settlement assets involved in the payment system, (b) the person provides services to safeguard, or to safeguard and administer, digital settlement assets including their private cryptographic keys (or means of access), (c) the person is directly involved in any of the activities mentioned in paragraphs (a) or (b), (d) the person is a digital settlement asset exchange provider, (e) the person sets rules, standards, or conditions of access or participation in relation to the payment system, or (f) the person provides any service that facilitates, or supports, a transfer of money or digital settlement assets to be made using the payment system, including any infrastructure provider in relation to the system.

Propose a change

206B International obligations

(1) If it appears to the Treasury that any action proposed to be taken by the Bank of England in exercising its powers under this Part would be incompatible with any international obligations of the United Kingdom, the Treasury may direct the Bank not to take that action. (2) If it appears to the Treasury that any action which the Bank of England has power under this Part to take is required for the purpose of implementing any such obligation, the Treasury may direct the Bank to take that action. (3) A direction under this section— (a) may include such supplemental or incidental requirements as the Treasury consider necessary or expedient, and (b) is enforceable on an application by the Treasury, by injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988.

Propose a change

206C Overview and purpose

(1) This Part enables the Bank of England to oversee certain persons involved in wholesale cash distribution (as defined in section 206E). (2) The Bank must exercise its powers under this Part for the purpose of managing risks to the effectiveness, resilience and sustainability of wholesale cash distribution— (a) throughout the United Kingdom, or (b) throughout any part of the United Kingdom.

Propose a change

206D Policy statement

(1) The Bank of England— (a) must prepare a statement of its policy with respect to the exercise of its powers under this Part, (b) must from time to time review the statement, and (c) may prepare a revised statement. (2) When preparing a statement under this section, the Bank must consult such persons as appear to the Bank to be representative of persons likely to be affected by the statement. (3) After preparing a statement under this section the Bank must— (a) provide the statement to the Treasury, and (b) publish the statement. (4) The Treasury must lay a copy of each statement received under this section before Parliament. (5) No power conferred on the Bank by this Part may be exercised before a statement under this section has been published.

Propose a change

206E Interpretation: “wholesale cash distribution”

(1) In this Part— “wholesale cash distribution” means the arrangements (taken as a whole) by which banknotes issued by an issuing authority, or coins made by the Mint, are— made available for retail cash distribution, and removed from circulation; “wholesale cash distribution activities” are activities intended to facilitate or control wholesale cash distribution and include (but are not limited to)— purchasing cash from issuing authorities or the Mint; storing cash; transporting cash; undertaking authentication processes; facilitating the return of cash to issuing authorities or the Mint. (2) For these purposes— “authorised bank” has the meaning given by section 210; “banknote” has the meaning given by section 208; “cash” means— banknotes issued by the Bank of England, or an authorised bank in its capacity as an issuer of banknotes in Scotland or Northern Ireland, or coins made by the Mint, within the meaning of the Coinage Act 1971 (see section 11 of that Act); “issue”, in relation to banknotes, has the meaning given by section 209; “issuing authority” means— the Bank of England, or an authorised bank in its capacity as an issuer of banknotes in Scotland or Northern Ireland; “retail cash distribution” means arrangements for the provision of cash to end users of cash.

Propose a change

206F Interpretation: other terms

(1) In this Part— “FCA” means the Financial Conduct Authority; “FCA-regulated person” means— a person who has Part 4A permission, an authorised payment institution or small payment institution, within the meaning of the Payment Services Regulations 2017 (S.I. 2017/752), or an authorised electronic money institution or small electronic money institution, within the meaning of the Electronic Money Regulations 2011 (S.I. 2011/99); “Part 4A permission” has the meaning given by section 55A of the Financial Services and Markets Act 2000; “the Payment Systems Regulator” means the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013; “PRA” means the Prudential Regulation Authority; “PRA-regulated activity” has the meaning given by section 22A of the Financial Services and Markets Act 2000; “the UK financial system” has the meaning given by section 1I of the Financial Services and Markets Act 2000. (2) For the purposes of this Part, a company (within the meaning of the Companies Act 2006) is wholly owned by the Crown if, and only if, every member of the company is— (a) a Minister of the Crown, government department or company wholly owned by the Crown, or (b) a person acting on behalf of a Minister of the Crown, government department or company wholly owned by the Crown.

Propose a change

← Find another law