OpenLegislation

Paragraph 12I Variation and cancellation of authorisationF1

United Kingdom

(1)

In respect of a person to whom paragraph 12B applies, the FCA may—

(a)

cancel the person’s authorisation by virtue of that paragraph as an authorised electronic money institution, or

(b)

limit the permitted services to which the authorisation relates.

(2)

The FCA may only exercise the power in sub-paragraph (1) where—

(a)

the person’s authorisation by the person’s home state competent authority is cancelled,

(b)

the person has failed to comply with the terms of the person’s authorisation by the person’s home state competent authority,

(c)

the person does not issue electronic money in the United Kingdom during the 12 months beginning with F2IP completion day,

(d)

the person ceases to engage in business activity in the United Kingdom for more than six months,

(e)

the person’s notification under paragraph 12C contains false statements,

(f)

the person has not taken adequate measures for the purposes of safeguarding electronic money holders’ funds in accordance with regulation 20 of EMR 2011 F3and the 2018 Regulations,

(g)

the person would constitute a threat to the stability of, or trust in, a payment system by continuing the person’s electronic money or payment services business,

(h)

the cancellation is desirable in order to protect the interests of electronic money holders or payment service users, F4...

(i)

the person’s provision of payment services F5or issuance of electronic money is otherwise unlawful, including where such provision of services in unlawful because the person’s registration in a register maintained under regulation 54 or 55 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 has been cancelled under regulation 60 of those Regulations,F6or

(j)

the person has not submitted a notification in accordance with paragraph 12C.

Annotations

Textual amendments

F1

Sch. 3 Pt. 1A inserted (1.3.2019) by The Financial Services Contracts (Transitional and Saving Provision) (EU Exit) Regulations 2019 (S.I. 2019/405), regs. 1(2), 10(2)

F2

Words in Sch. 3 para. 12I substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 8(2)(j)

F3

Words in Sch. 3 para. 12I(2)(f) inserted (6.9.2019) by The Financial Services (Electronic Money, Payment Services and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1212), regs. 1(2), 7(9)(a)

F4

Word in Sch. 3 para. 12I(2)(h) omitted (6.9.2019) by virtue of The Financial Services (Electronic Money, Payment Services and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1212), regs. 1(2), 7(9)(b)

F5

Words in Sch. 3 para. 12I(2)(i) inserted (6.9.2019) by The Financial Services (Electronic Money, Payment Services and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1212), regs. 1(2), 7(9)(c)

F6

Sch. 3 para. 12I(2)(j) and preceding word inserted (6.9.2019) by The Financial Services (Electronic Money, Payment Services and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1212), regs. 1(2), 7(9)(d)