Textual Amendments
F1Word in Pt. 5 heading omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 2
F2Words in Pt. 5 heading inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 2
(1)In this Part “term-inter-bank-payment-system F5... payment system” means arrangements [F6, or proposed arrangements,] designed to facilitate or control the transfer of money [F7or digital settlement assets] F8....
[F9(1A)But “payment system” does not include any arrangements for the physical movement of cash.]
F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In subsection (1) “money” includes credit.
[F11(4A)In subsection (1) “digital settlement asset” means a digital representation of value or rights, whether or not cryptographically secured, that—
(a)can be used for the settlement of payment obligations,
(b)can be transferred, stored or traded electronically, and
(c)uses technology supporting the recording or storage of data (which may include distributed ledger technology).
(4B)In this section, “digital settlement asset” includes a right to, or an interest in, a digital settlement asset.]
(5)A system is F12... payment system for the purposes of this Part whether or not it operates [F13, or is intended to operate,] wholly or partly in relation to persons or places outside the United Kingdom.
[F14(5A)In this Part, a “DSA service provider” is a person who provides one or more services in relation to a payment system that includes arrangements using digital settlement assets 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.
(5B)In this Part “digital settlement asset exchange provider” means a person who provides one or more of the following services, including as creator or issuer of any of the digital settlement assets, by—
(a)exchanging, or arranging the exchange of—
(i)digital settlement assets for money,
(ii)money for digital settlement assets,
(iii)digital settlement assets and money for digital settlement assets, or
(iv)digital settlement assets and money for money,
(b)exchanging, or arranging the exchange of, one digital settlement asset for another, or
(c)operating an automated process to carry out any of the activities mentioned in paragraphs (a) and (b).
(5C)The Treasury may by regulations amend—
(a)the definition of “digital settlement asset” in subsection (4A);
(b)the definition of “DSA service provider” in subsection (5A);
(c)the definition in section 206AA of a person who provides services connected with a recognised payment system that uses digital settlement assets.]
Textual Amendments
F3Word in s. 182 heading omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 4(6)
F4Words in s. 182 heading substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 4(2)
F5Word in s. 182(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 4(2)(a)
F6Words in s. 182(1) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 75(5)(a), 86(3); S.I. 2023/779, reg. 4(ww)
F7Words in s. 182(1) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 4(3)
F8Words in s. 182(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 4(2)(b)
F9S. 182(1A) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 4(3)
F10S. 182(2)(3) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 4(4)
F11S. 182(4A)(4B) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 4(4)
F12Word in s. 182(5) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 4(5)
F13Words in s. 182(5) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 75(5)(b), 86(3); S.I. 2023/779, reg. 4(ww)
F14S. 182(5A)-(5C) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 4(5)
Commencement Information
I1S. 182 in force at 4.8.2009 by S.I. 2009/2038, art. 2, Sch. para. 2