Article 22 EvidenceF1
United Kingdom
Unless otherwise provided in these Conditions, all payment and payment processing-related messages in relation to the F2T2S DCAs , such as confirmations of debits or credits, or statement messages, between the ECB and the T2S DCA holders shall be made through the T2S network service provider.
Electronic or written records of the messages retained by the ECB or by the T2S network service provider shall be accepted as a means of evidence of the payments processed through the ECB. The saved or printed version of the original message of the T2S network service provider shall be accepted as a means of evidence, regardless of the form of the original message.
If a T2S DCA holder's connection to the T2S network service provider fails, the T2S DCA holder shall use an alternative means of transmission of messages agreed with the ECB. In such cases, the saved or printed version of the message produced by the ECB shall have the same evidential value as the original message, regardless of its form.
The ECB shall keep complete records of payment orders submitted and payments received by T2S DCA holders for a period of 10 years from the time at which such payment orders are submitted and payments are received, provided that such complete records shall cover a minimum of five years for any T2S DCA holder in TARGET2 that is subject to continuous vigilance pursuant to restrictive measures adopted by the Council of the European Union or Member States, or more if required by specific regulations.
The ECB's own books and records (whether kept on paper, microfilm, microfiche, by electronic or magnetic recording, in any other mechanically reproducible form or otherwise) shall be accepted as a means of evidence of any obligations of the T2S DCA holders and of any facts and events that the parties rely on.
Annotations
Textual amendments
- F1
- F2