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Banking Act 2009
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Changes over time for: Section 198
Changes to legislation:
Banking Act 2009, Section 198 is up to date with all changes known to be in force on or before 08 January 2025. 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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Changes and effects yet to be applied to Section 198:
- s. 4(8A) (8B) inserted by 2012 c. 21 s. 96(3)
- s. 8(2)(d) and word inserted by 2012 c. 21 s. 96(4)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(8A) (8B) inserted by 2012 c. 21 s. 96(3)
- s. 8(2)(d) and word inserted by 2012 c. 21 s. 96(4)(b)
198PenaltyU.K.
This section has no associated Explanatory Notes
(1)The Bank of England may require the operator of a recognised F1... payment system [F2, a recognised DSA service provider] [F3, or a service provider in relation to such a system,] [F4or 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.
Textual Amendments
F1Word in s. 198(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 20
F2Words in s. 198(1) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 26(a)
F3Words in s. 198(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(18)
F4Words in s. 198(1) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 26(b)
Modifications etc. (not altering text)
C1S. 198 applied by 2013 c. 33, s. 124A(8) (as inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 49(3) (with ss. 2(2), 5(2)))
Commencement Information
I1S. 198 in force at 31.12.2009 by S.I. 2009/3000, art. 4, Sch. para. 2
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