Part 5U.K.F1... Payment Systems [F2and service providers]

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

EnforcementU.K.

201WarningU.K.

(1)Before imposing a sanction on the operator of [F3a] payment system [F4, on a DSA service provider,] [F5, on a service provider in relation to such a system] [F6or such a DSA service provider] or on another person the Bank of England must—

(a)give the operator [F7, DSA service provider] [F8, service provider] or other person a notice (a “warning notice”),

(b)give the operator [F9, DSA service provider] [F10, service provider] or other person at least 21 days to make representations,

(c)consider any representations made, and

(d)as soon as is reasonably practicable, give the operator [F11, DSA service provider] [F12, service provider] or other person a notice stating whether or not the Bank intends to impose the sanction.

[F13(1A)Before imposing a sanction on a person who is a service provider in relation to a recognised payment system [F14or recognised DSA service provider] the Bank must also—

(a)give the operator of the payment system [F15, or DSA service provider] a notice (a “warning notice”),

(b)give the operator [F16, or DSA service provider] at least 21 days to make representations,

(c)consider any representations made, and

(d)as soon as reasonably practicable, give the operator [F17or DSA service provider] a notice stating whether the Bank intends to impose the sanction.]

(2)In [F18subsections (1) and (1A)]imposing a sanction” means—

(a)publishing details under section 197(1),

(b)requiring the payment of a penalty under section 198,

(c)giving a closure order under section 199, or

(d)making an order under section 200.

(3)Despite [F19subsections (1) and (1A)], if satisfied that it is necessary the Bank may without notice—

(a)give a closure order under section 199, or

(b)make an order under section 200.

Textual Amendments

F3Word in s. 201(1) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 23

Modifications etc. (not altering text)

C1S. 201 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. 201 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