Regulation 10 Right of redressF5

United Kingdom

Where a trader charges a fee in contravention of regulation 4 F1or any payee charges a fee in contravention of regulation 6A—

(a)

any provision of a contract requiring the F2payment of the fee is unenforceable to the extent F3that the charging of the fee contravenes regulation 4 or 6A, and

(b)

the contract for the purposes of which the payment is made is to be treated as providing for the F4fee to be repaid to the extent that the charging of the fee contravenes regulation 4 or 6A.

Annotations

Textual amendments

F1: Words in reg. 10 inserted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 12(8)(b) (with reg. 3)
F2: Words in reg. 10(a) substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 12(8)(c)(i) (with reg. 3)
F3: Words in reg. 10(a) substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 12(8)(c)(ii) (with reg. 3)
F4: Words in reg. 10(b) substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 12(8)(d) (with reg. 3)
F5: Word in reg. 10 heading substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 12(8)(a) (with reg. 3)