# The Payment and Electronic Money Institution Insolvency Regulations 2021, Regulation 6: Definitions


In these Regulations, the words and expressions in the first column of the Table have the meaning indicated in the second column—
Word or expression
Meaning
BA 2009
Banking Act 2009
CA 2006
Companies Act 2006
CDDA 1986
Company Directors Disqualification Act 1986
FSMA 2000
has the meaning given in regulation 4(4)
IA 1986
Insolvency Act 1986
SBEEA 2015
Small Business, Enterprise and Employment Act 2015
EMR 2011
Electronic Money Regulations 2011
IBSAR 2011
Investment Bank Special Administration Regulations 2011
PSR 2017
Payment Services Regulations 2017
administrator (except in the expression Schedule B1 administrator)
person appointed under regulation 7
agency or distribution services (in the case of electronic money institutions)
services provided by an agent or distributor within the meaning of regulation 2(1) of the EMR 2011
agency services (in the case of a payment institutions)
services provided by an agent within the meaning of regulation 2(1) of the PSR 2017
asset pool (in the case of electronic money institutions)
(a) in the case of funds received for the execution of payment transactions which are not related to the issuance of electronic money, see regulation 23(18) of the PSR 2017, or
(b) in any other case, see regulation 24(4) of the EMR 2011
asset pool (in the case of payment institutions)
see regulation 23(18) of the PSR 2017
authorised payment institution
see regulation 2(1) of the PSR 2017
Authorities
the Bank of England, the Treasury and the FCA
contributory
has the same meaning as in the IA 1986 (see section 79 of that Act) as applied and modified by these Regulations
court
(a) in England and Wales, the High Court, and
(b) in Scotland, the Court of Session
electronic money
see regulation 2(1) of the EMR 2011
electronic money institution
see regulation 2(1) of the EMR 2011
enactment
includes—
(a) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
(b) an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, and
(c) any retained direct EU legislation
fair
has the same meaning as in Part 2 of the BA 2009 (see section 93(8) of that Act)
FCA
Financial Conduct Authority
foreign property
has the same meaning as in the BA 2009 (see section 39(2) of that Act)
holder
electronic money holder
special administration insolvency rules
rules made under section 411 of the IA 1986 as applied and modified by these Regulations to give effect to these Regulations
institution
has the meaning given in regulation 4(1)
institution’s own bank accounts
includes any account, other than a relevant funds account, opened by the administrator for the purposes of the special administration
Objective 1
has the meaning given in regulation in 12(2)
Objective 2
has the meaning given in regulation in 12(3)
Objective 3
has the meaning given in regulation in 12(4)
payment institution
authorised payment institution or small payment institution
payment services
see regulation 2(1) of the PSR 2017
payment system
has the same meaning as in the BA 2009 (see section 182 of that Act)
payment system operator
has the same meaning as in the BA 2009 (see section 183 of that Act)
payment transaction
see regulation 2(1) of the PSR 2017
PPTA
has the meaning given in regulation 24(3)
PS or EMI contract
contract for payment services or electronic money issuance
relevant funds (in the case of electronic money institutions)
(a) in the case of funds received for the execution of payment transactions which are not related to the issuance of electronic money, see regulation 23(1) and (2) of the PSR 2017
(b) in any other case, see regulation 20(1) of the EMR 2011
relevant funds (in the case of payment institutions)
see regulation 23(1) and (2) of the PSR 2017
relevant funds account
account which an institution maintains in order to safeguard relevant funds
relevant funds claim
claim, of a user or holder, for the return of relevant funds
reverse transfer
has the meaning given in regulation 30(1)(a)
safeguard (in the case of electronic money institutions)
(a) in the case of relevant funds received for the execution of payment transactions which are not related to the issuance of electronic money, has the same meaning as in the PSR 2017 (see regulation 23 of those Regulations), or
(b) in any other case, has the same meaning as in the EMR 2011 (see regulations 20 to 22 of those Regulations)
safeguard (in the case of payment institutions)
has the same meaning as in the PSR 2017 (see regulation 23 of those Regulations)
Schedule B1
Schedule B1 to the IA 1986
Schedule B1 administration
the administration procedure set out in Schedule B1
Schedule B1 administration order
administration order made under Schedule B1 (see paragraph 10 of that Schedule)
Schedule B1 administrator
administrator appointed under Schedule B1
small electronic money institution
see regulation 2(1) of the EMR 2017
small payment institution
see regulation 2(1) of the PSR 2017
special administration (except in the expression investment bank special administration)
payment institution special administration or electronic money institution special administration (see regulation 4(3))
special administration objectives
Objective 1, Objective 2 and Objective 3
special administration order
has the meaning given in regulation 7
statement of proposals
statement of proposals drawn up by the administrator in accordance with—
(a) paragraph 49 of Schedule B1 as applied and modified by these Regulations, or
(b) where the FCA has given a direction, regulation 39
TA
has the meaning given in regulation 24(2)
transferee
has the meaning given in regulation 24(2)
user
payment service user (see regulation 2(1) of the PSR 2017)
voluntarily safeguard (in the case of small electronic money institutions)
voluntarily safeguard pursuant to regulation 20(6) of the EMR 2011 and regulation 23(16) of the PSR 2017
voluntarily safeguard (in the case of small payment institutions)
voluntarily safeguard pursuant to regulation 23(16) of the PSR 2017

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Source: https://www.legislation.gov.uk/ukdsi/2021/9780348222814/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-payment-and-electronic-money-institution-insolvency-regulations-2021/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

