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Banking Act 2009, Section 191 is up to date with all changes known to be in force on or before 02 September 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 give directions in writing to—
[F2(a)] the operator of a recognised F3... [F4payment] system,
[F5(b)to a recognised DSA service provider,] or
[F6(c)][F7 a service provider in relation to such a system [F8or to such DSA service providers].]
(2)A direction may—
(a)require or prohibit the taking of specified action in the operation of the system [F9or the provision of services F10...];
(b)set standards to be met in the operation of the system [F11or the provision of services F12...].
(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 [F13, DSA service provider] [F14or service provider] (including [F15the operator’s [F16, 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 [F17, DSA service provider] [F18or 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
F1S. 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.
F2Words in s. 191(1) renumbered as s. 191(1)(a) (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(2)(a)
F3Word in s. 191(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 13
F4Word 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
F5S. 191(1)(b) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(2)(b)
F6Words in s. 191(1) renumbered as s. 191(1)(c) (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(2)(c)
F7Words 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)
F8Words in s. 191(1)(c) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(2)(d)
F9Words 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)
F10Words in s. 191(2)(a) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(3)(a)
F11Words 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)
F12Words in s. 191(2)(b) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(3)(b)
F13Words in s. 191(3) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(4)(a)
F14Words 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)
F15Words 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)
F16Words in s. 191(3) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(4)(b)
F17Words in s. 191(4)(b) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 19(5)
F18Words 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)
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