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The Payment Services Regulations 2017
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- UK Statutory Instruments
- 2017 No. 752
- PART 4
- Regulation 37
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The Payment Services Regulations 2017, Section 37 is up to date with all changes known to be in force on or before 26 December 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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Changes and effects yet to be applied to Regulation 37:
- Regulations power to amend conferred by 2021 c. 22 s. 23
Duty to notify change in circumstanceU.K.
This section has no associated Explanatory Memorandum
37.—(1) Where it becomes apparent to an authorised payment institution [F1, a small payment institution or a registered account information service provider] that there is, or is likely to be, a significant change in circumstances which is relevant to—
(a)in the case of an authorised payment institution—
(i)its fulfilment of any of the conditions set out in regulation 6(4) to (9) (conditions for authorisation) and, if applicable, the requirement in regulation 22(1) (capital requirements) to maintain own funds;
F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of a small payment institution, its fulfilment of any of the conditions set out in regulation 14(5) to (11) (conditions for registration as a small payment institution) and compliance with the financial limit referred to in regulation 8 (as modified by regulation 15) (variation of registration at request of small payment institution); F3...
[F4(ba)in the case of a registered account information service provider, its fulfilment of any of the conditions set out in regulation 18(3) and (4) (conditions for registration); and]
(c)in the case of the use of an agent to provide payment services, the matters referred to in regulation 34(7)(b) and (c) (use of agents),
it must provide the FCA with details of the change without undue delay, or, in the case of a substantial change in circumstances which has not yet taken place, details of the likely change a reasonable period before it takes place.
(2) Any information to be provided to the FCA under this regulation must be in such form or verified in such manner as it may direct.
Textual Amendments
F1Words in reg. 37(1) substituted (13.1.2018) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(4), 7(f)(i)
F2Reg. 37(1)(a)(ii) omitted (31.12.2020) by virtue of The Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1201), reg. 1(3), Sch. 2 para. 34 (with reg. 4, Sch. 3 Pt. 2) (as amended by S.I. 2020/56, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in reg. 37(1) omitted (13.1.2018) by virtue of The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(4), 7(f)(ii)
F4Reg. 37(1)(ba) inserted (13.1.2018) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(4), 7(f)(ii)
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