Application of Part 6
40.—(1) This Part applies to payment services where—
(a)the services are provided from an establishment maintained by a payment service provider or its agent in the United Kingdom; and
(b)the services are provided in one of the following circumstances—
(i)the payment service providers of both the payer and the payee are located within the EEA and the service relates to a transaction in the currency of an EEA State;
(ii)the payment service providers of both the payer and the payee are located within the EEA and the service relates to a transaction in a currency other than the currency of an EEA State; or
(iii)the payment service provider of either the payer or the payee, but not both, is located within the EEA.
(2) In the circumstances mentioned at paragraph (1)(b)(ii)—
(a)this Part applies only in respect of those parts of a transaction which are carried out in the EEA; and
(b)regulations 43(2)(b) and 52(a) and paragraph 2(e) of Schedule 4 (maximum execution time) do not apply.
(3) In the circumstances mentioned at paragraph (1)(b)(iii)—
(a)this Part applies only in respect of those parts of a transaction which are carried out in the EEA; and
(b)regulations 43(2)(b) and 52(a) and paragraphs 2(e) and 5(g) of Schedule 4 (maximum execution time and conditions for refund of direct debits) do not apply.
(4) This Part does not apply to registered account information service providers or EEA registered account information service providers, except for regulations 59 (burden of proof on payment service provider) and 60 (information requirements for account information service providers).
(5) Regulations 43 to 47 apply to payment services provided under a single payment service contract.
(6) Regulations 48 to 54 apply to payment services provided under a framework contract.
(7) If the payment service user is not a consumer, a micro-enterprise or a charity, the parties to a contract for payment services may agree that any or all of the provisions of this Part do not apply.
(8) Paragraph (1) applies to cash withdrawal services falling within paragraph 2(o) of Schedule 1 as if—
(a)references to payment services were references to cash withdrawal services falling within paragraph 2(o) of Schedule 1;
(b)references to payment service providers were references to providers of cash withdrawal services falling within paragraph 2(o) of Schedule 1; and
(c)references to this Part were references to regulation 61 (information on ATM withdrawal charges).