such agreement is permitted by these Regulations, or

such agreement provides for terms which are more favourable to the payment service user than the relevant provisions of these Regulations.

the term is agreed in contravention of paragraph (1), or

an authorised payment institution;

a small payment institution;

a registered account information service provider;

an EEA authorised payment institution or an EEA registered account information service provider exercising its passport rights;

a credit institution authorised in the United Kingdom or exercising an EEA right in accordance with Part 2 of Schedule 3 to the 2000 Act (exercise of passport rights by EEA firms);

the Post Office Limited;

the Bank of England, the European Central Bank or a national central bank of an EEA State other than the United Kingdom,

a government department or a local authority; or

exempt under regulation 3 (exemption for certain bodies).

on summary conviction, to imprisonment for a term not exceeding three months or to a fine, which in Scotland or Northern Ireland may not exceed the statutory maximum, or both;

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

describe themselves (in whatever terms) as a person falling within any of those sub-paragraphs; or

behave, or otherwise hold themselves out, in a manner which indicates (or which is reasonably likely to be understood as indicating) that they are such a person.

the FCA; or

the Payment Systems Regulator.

provide any information to another person, knowing the information to be false or misleading in a material particular, or

recklessly provide to another person any information which is false or misleading in a material particular,

provide any information to another person, knowing the information to be false or misleading in a material particular, or

recklessly provide to another person any information which is false or misleading in a material particular,

on summary conviction, to a fine, which in Scotland or Northern Ireland may not exceed the statutory maximum;

on conviction on indictment, to a fine.

to have been committed with the consent or connivance of an officer, or

to be attributable to any neglect on their part,

to have been committed with the consent or connivance of a partner, or

to be attributable to any neglect on their part,

to have been committed with the consent or connivance of an officer, or

to be attributable to any neglect of such officer,

in respect of an offence under regulation 138 (prohibition on provision of payment services by persons other than payment service providers), 139 (false claims to be a payment service provider or exempt), 141 (contravention of regulations 57 and 58), or 142(4) in so far as it relates to regulation 142(1)(a) or (2) (misleading the FCA), by the FCA;

in respect of an offence under regulation 142(4) in so far as it relates to regulation 142(1)(b) or (3) (misleading the Payment Systems Regulator), by the Payment Systems Regulator; or

by or with the consent of the Director of Public Prosecutions.

section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation) M2 and section 46 of and Schedule 3 to the Magistrates' Courts Act 1980 (corporations) M3 apply as they do in relation to a body corporate;

section 70 of the Criminal Procedure (Scotland) Act 1995 (proceedings against organisations) M4 applies as it does in relation to a body corporate;

section 18 of the Criminal Justice (Northern Ireland) Act 1945 (procedure on charge) M5 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (corporations) M6 apply as they do in relation to a body corporate.

against a body corporate or unincorporated association at any place at which it has a place of business;

against an individual at any place where they are for the time being.

the competent authorities designated under Article 22(1), or referred to in Article 100(1), of the payment services directive, of EEA States other than the United Kingdom;

the European Central Bank, the Bank of England and the national central banks of EEA States other than the United Kingdom;

any other relevant competent authorities designated under EU law or the law of the United Kingdom or any other EEA State which is applicable to payment service providers; and

the European Banking Authority,

the bodies mentioned in paragraph (1)(a), (c) and (d);

the European Central Bank, the Bank of England and the national central banks of EEA States other than the United Kingdom when acting in their capacity as monetary and oversight authorities;

where relevant, other public authorities responsible for the oversight of payment and settlement systems;

which is to be taken to have occurred by virtue of regulation 21 (authorised payment institutions, small payment institutions and registered account information service providers acting without permission);

of a requirement imposed by regulation 23 (safeguarding requirements); or

of a requirement imposed by or under Part 6 (information requirements for payment services) or 7 (rights and obligations in relation to the provision of payment services),

will be exclusively for the benefit of the private person; and

cannot be obtained by way of an action brought otherwise than at the suit of the fiduciary or representative.

any individual, except where the individual suffers the loss in question in the course of providing payment services; and

any person who is not an individual, except where that person suffers the loss in question in the course of carrying on business of any kind;

any requirement imposed under regulation 7 of the Payment Services Regulations 2009 (imposition of variations) applies in relation to services provided pursuant to this paragraph;

regulations 10 (cancellation of authorisation), 11 (request for cancellation of authorisation) and 12 (variation of authorisation on FCA's own initiative) of these Regulations apply in relation to the person as if references to authorisation were references to entitlement to provide payment services pursuant to this paragraph; and

the person may not apply for a variation under regulation 8 of these Regulations (variation etc. at request of authorised payment institution) before it complies with paragraph (3) of this regulation.

provide to the FCA all information specified in Schedule 2 that the person has not previously provided to the FCA; or

notify the FCA that it has previously provided all such information to the FCA.

that person may continue to provide the services provided before that date until the end of 12th January 2019 without authorisation or registration under these Regulations;

any requirement imposed under regulation 7 of the Payment Services Regulations 2009 (imposition of variations) (as applied by regulation 14 of those Regulations) applies in relation to services provided pursuant to this paragraph;

regulations 10 (cancellation of registration), 11 (request for cancellation of authorisation) and 12 (variation of authorisation on FCA's own initiative) of these Regulations, as applied by regulation 15 (supplementary provisions in relation to small payment institutions), apply in relation to the person as if references to registration were references to entitlement to provide payment services pursuant to this paragraph; and

the person may not apply for a variation under regulation 8 of these Regulations (variation etc. at request of authorised payment institution) (as applied by regulation 15) before it complies with paragraph (2) of this regulation.

any notification that person has given under regulation 21 (outsourcing) of the Payment Services Regulations 2009 is to be treated as a notification given under regulation 25 of these Regulations (outsourcing);

any registration of an EEA branch of that person under regulation 24 of the Payment Services Regulations 2009 (registration of EEA branch) is to be treated as registration of an EEA branch under regulation 28 these Regulations (decision following notice of intention);

any notification that the person has given under regulation 23 (notice of intention) of the Payment Services Regulations 2009 is to be treated as a notification under regulation 27 of these Regulations (notice of intention);

any registration of an agent under regulation 29 (use of agents) of those Regulations is to be treated as registration of an agent under regulation 34 of these Regulations (use of agents).

provided account information services or payment initiation services before 12th January 2016;

continues to provide such services immediately before 13th January 2018; and

but for paragraph (2), would require a new authorisation or registration, or a variation of an authorisation, in order to continue to provide such services on and after 13th January 2018;

the person may continue to provide the services without a new authorisation or registration, or a variation of an authorisation, in respect of the services, and

services provided as permitted by sub-paragraph (a) are to be treated for the purposes of these Regulations and the Electronic Money Regulations 2011 as if they were not account information services or payment initiation services.

the last day of the period of 18 months starting on the date on which the regulatory technical standards adopted under Article 98 of the payment services directive come into force; or

carry out a review of the regulatory provision contained in these Regulations; and

publish the report setting out the conclusions of the review.

set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

assess the extent to which those objectives are achieved;

assess whether those objectives remain appropriate; and

if those objectives remain appropriate, assess the extent to which they could be achieved in another way that imposes less onerous regulatory provision.