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The Payment Services Regulations 2017
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- UK Statutory Instruments
- 2017 No. 752
- PART 4
- Regulation 35
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The Payment Services Regulations 2017, Section 35 is up to date with all changes known to be in force on or before 13 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 35:
- Regulations power to amend conferred by 2021 c. 22 s. 23
Removal of agent from registerU.K.
This section has no associated Explanatory Memorandum
35.—(1) The FCA may remove an agent of an authorised payment institution [F1, small payment institution or registered account information service provider] from the register where—
(a)the authorised payment institution [F1, small payment institution or registered account information service provider] requests, or consents to, the agent's removal from the register;
(b)the authorised payment institution [F1, small payment institution or registered account information service provider] has obtained registration through false statements or any other irregular means;
(c)regulation 34(7)(b) or (c) (use of agents) applies;
(d)the removal is desirable in order to protect the interests of consumers; or
(e)the agent's provision of payment services is otherwise unlawful.
(2) Where the FCA proposes to remove an agent from the register, other than at the request of the authorised payment institution [F1, small payment institution or registered account information service provider], it must give the authorised payment institution [F1, small payment institution or registered account information service provider] a warning notice.
(3) The FCA must, having considered any representations made in response to the warning notice—
(a)if it decides to remove the agent, give the authorised payment institution [F1, small payment institution or registered account information service provider] a decision notice; or
(b)if it decides not to remove the agent, give the authorised payment institution [F1, small payment institution or registered account information service provider] notice of its decision.
(4) If the FCA decides to remove the agent, other than at the request of the authorised payment institution [F1, small payment institution or registered account information service provider], the [F2authorised payment institution, small payment institution or registered account information service provider] may refer the matter to the Upper Tribunal.
(5) Where the period for a reference to the Upper Tribunal has expired without a reference being made, the FCA must as soon as practicable update the register accordingly.
Textual Amendments
F1Words in reg. 35 substituted (13.1.2018) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(4), 7(d)(i)
F2Words in reg. 35(4) substituted (13.1.2018) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(4), 7(d)(ii)
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