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Section 202A InjunctionsF1C1

United Kingdom

(1)

If, on the application of the Bank of England, the court is satisfied—

(a)

that there is a reasonable likelihood that there will be a compliance failure, or

(b)

that there has been a compliance failure and there is a reasonable likelihood that it will continue or be repeated,

the court may make an order restraining the conduct constituting the failure.

(2)

If, on the application of the Bank of England, the court is satisfied—

(a)

that there has been a compliance failure by the operator of a recognised F2... payment system F3, a recognised DSA service provider, F4or a service provider in relation to such a system F5or such a DSA service provider, and

(b)

that there are steps which could be taken for remedying the failure,

the court may make an order requiring the operator F6, DSA service provider F7or service provider, and anyone else who appears to have been knowingly concerned in the failure, to take such steps as the court may direct to remedy it.

(3)

If, on the application of the Bank of England, the court is satisfied—

(a)

that there may have been a compliance failure by the operator of a recognised F8... payment system F9, a recognised DSA service provider, F10or a service provider in relation to such a system F11or such a DSA service provider, or

(b)

that a person may have been knowingly concerned in a compliance failure,

the court may make an order restraining the operator F12, DSA service provider, F13, service provider or person from dealing with any assets which it is satisfied the operator , service provider or person is reasonably likely to deal with.

(4)

The jurisdiction conferred by this section is exercisable—

(a)

in England and Wales and Northern Ireland, by the High Court, and

(b)

in Scotland, by the Court of Session.

(5)

In this section—

(a)

references to an order restraining anything are, in Scotland, to be read as references to an interdict prohibiting that thing,

(b)

references to remedying a failure include mitigating its effect, and

(c)

references to dealing with assets include disposing of them.

Annotations

Textual amendments

F1

S. 202A inserted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 104(7), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F2

Word in s. 202A(2)(a) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 24

F3

Words in s. 202A(2)(a) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 31(2)(a)(i)

F4

Words in s. 202A(2)(a) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(23)(a)

F5

Words in s. 202A(2)(a) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 31(2)(a)(ii)

F6

Words in s. 202A(2) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 31(2)(b)

F7

Words in s. 202A(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(23)(b)

F8

Word in s. 202A(3)(a) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(2), Sch. 9 para. 24

F9

Words in s. 202A(3)(a) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 31(3)(a)(i)

F10

Words in s. 202A(3)(a) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(23)(a)

F11

Words in s. 202A(3)(a) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 31(3)(a)(ii)

F12

Words in s. 202A(3) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(a), Sch. 6 para. 31(3)(b)

F13

Words in s. 202A(3) inserted (30.11.2017) by The Banking Act 2009 (Service Providers to Payment Systems) Order 2017 (S.I. 2017/1167), arts. 1(2), 2(23)(c)

Modifications

C1

S. 202A 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)))

Notes on Part 5

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