Regulation 137 Prohibition on contracting out of statutory requirement

(1)

A payment service provider may not agree with a payment service user that it will not comply with any provision of these Regulations unless—

(a)

such agreement is permitted by these Regulations, or

(b)

such agreement provides for terms which are more favourable to the payment service user than the relevant provisions of these Regulations.

(2)

A contractual term is void if and to the extent that—

(a)

the term is agreed in contravention of paragraph (1), or

(b)

the term relates to a transaction alleged to have been unauthorised or defectively executed, and purports to—

(i)

impose liability to provide compensation on a different person from the person identified in these Regulations, or

(ii)

allocate the burden of proof to a different person from the person identified in these Regulations.

Notes on the whole SI

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)