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Regulation 111 Financial penalties

(1)

The FCA may impose a penalty of such amount as it considers appropriate on—

(a)

a payment service provider who has contravened a requirement imposed on them by or under these Regulations; F1...

F2(aa)

an authorised payment institution, small payment institution, or registered account information services provider who has contravened a requirement imposed on it by or under section 312R of the 2000 Act; or

(b)

a person who has contravened regulation 138(1) (prohibition on provision of payment services by persons other than payment service providers), 139(1) (false claims to be a payment service provider or exempt) or 142(1)(a) or (2) (misleading a regulator).

(2)

The FCA may not in respect of any contravention both require a person to pay a penalty under this regulation and cancel their authorisation as a payment institution or their registration as a small payment institution or account information service provider (as the case may be).

(3)

A penalty under this regulation is a debt due from that person to the FCA, and is recoverable accordingly.

Annotations

Textual amendments

F1

Word in reg. 111(1)(a) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 2 para. 67(a) (with s. 2(3)); S.I. 2023/779, reg. 4(zz)(iv)

F2

Reg. 111(1)(aa) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 2 para. 67(b) (with s. 2(3)); S.I. 2023/779, reg. 4(zz)(iv)

Notes on the whole SI

Textual amendments

F1

Regulations revoked (14.12.2023 for the revocation of reg. 158) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(xix)