Section 131Y Information gathering and investigationsF1

(1)

For the purposes of this Part, Part 11 (information gathering and investigations) applies in accordance with this section.

(2)

Sections 165A to 165C, 169 and 169A do not apply.

(3)

Any reference to an authorised person includes a person designated for the purposes of this Part (whether or not the person is an authorised person).

(4)

In addition—

(a)

references to an authorised person in sections 165 and 176(3A)(a) include a person mentioned in subsection (5) (whether or not the person is an authorised person);

(b)

sections 175 to 177 apply in relation to section 165 as modified in accordance with paragraph (a).

(5)

The persons are—

(a)

a relevant current account provider who is not a designated person for the purposes of this Part;

(b)

an operator of cash access coordination arrangements who is not a designated person for the purposes of this Part;

(c)

the operator of, or an infrastructure provider in relation to, a payment system, who is not a designated person for the purposes of this Part;

(d)

a person (other than a person mentioned in paragraph (a), (b) or (c)) who provides cash access services and is not a designated person for the purposes of this Part;

(e)

a person who provides a relevant service to a person mentioned in paragraph (a), (b), (c) or (d) and is not a designated person for the purposes of this Part.

(6)

In subsection (5)(c), “payment system”, and “operator” and “infrastructure provider” in relation to a payment system, have the same meanings as in Part 5 of the Financial Services (Banking Reform) Act 2013 (see section 110 of that Act).

(7)

For the purposes of subsection (5)(e), a “relevant service” is a service provided in connection with the provision of cash access services.

(8)

In relation to a person who is not an authorised person but is treated as such for the purposes of this Part (by virtue of subsection (3) or (4)), any reference to “either regulator” is to the FCA only.

Annotations

Textual amendments

F1: Pt. 8B inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(c), Sch. 8 para. 1