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76.—(1) This regulation applies where a payment order is initiated by the payee.
(2) The payee’s payment service provider is liable to the payee for the correct transmission of the payment order to the payer’s payment service provider in accordance with regulation 70(6).
(3) Where the payee’s payment service provider is liable under paragraph (2), it must immediately re-transmit the payment order in question to the payer’s payment service provider.
(4) The payee’s payment service provider must, on request, make immediate efforts to trace the payment transaction and notify the payee of the outcome.
(5) Where the payee’s payment service provider can prove to the payee and, where relevant, to the payer’s payment service provider, that it is not liable under paragraph (2) in respect of a non-executed or defectively executed payment transaction, the payer’s payment service provider is liable to the payer and must, as appropriate and without undue delay—
(a)refund to the payer the amount of the payment transaction; and
(b)restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place.
Commencement Information
I1Reg. 76 comes into force in accordance with reg. 1(2)
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