Banking Act 2009 (c. 1)

Part 5 U.K. F1 ... Payment Systems [F2 and service providers]

Textual Amendments

F1 Word in Pt. 5 heading omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 2

F2 Words 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

Enforcement U.K.

200 Management disqualification U.K.

(1) The Bank of England may by order prohibit a specified person from being an operator of a recognised F3 ... payment system [F4 or from being a DSA service provider]—

(a) for a specified period,

(b) until further notice, or

(c) permanently.

(2) The Bank may by order prohibit a specified person from holding an office or position involving responsibility for taking decisions about the management of a recognised F3 ... payment system [F5 , or a recognised DSA service provider,] [F6 or about the management of a service provider in relation to such a system] [F7 or such a DSA service provider]—

(a) for a specified period,

(b) until further notice, or

(c) permanently.

[F8 (2A) Before making an order under subsection (2) in respect of a service provider, the Bank must have regard to the public interest in the continued operation of each recognised payment system [F9 , or of each recognised DSA service provider,] in relation to which the service provider is specified under section 206A(2)(b). [F10 or 206A(2A)(b) (as the case may be).]]

(3) A person who breaches a prohibition under subsection (1) or (2) commits an offence.

(4) A person guilty of an offence is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

Textual Amendments

F3 Word in s. 200(1)(2) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 22

F4 Words in s. 200(1) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 28(2)

F5 Words in s. 200(2) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 28(3)(a)

F6 Words in s. 200(2) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(20)(a)

F7 Words in s. 200(2) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 28(3)(b)

F8 S. 200(2A) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(20)(b)

F9 Words in s. 200(2A) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 28(4)(a)

F10 Words in s. 200(2A) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 28(4)(b)

Commencement Information

I1 S. 200 in force at 12.11.2009 for specified purposes and 31.12.2009 in so far as not already in force by S.I. 2009/3000, arts. 2, 4, Sch. para. 2