OpenLegislation

Regulation 32 Additional activities

(1)

Authorised payment institutions and small payment institutions may, in addition to providing payment services, engage in the following activities—

(a)

the provision of operational and closely related ancillary services, including—

(i)

ensuring the execution of payment transactions;

(ii)

foreign exchange services;

(iii)

safe-keeping activities; and

(iv)

the storage and processing of data;

(b)

the operation of payment systems; and

(c)

business activities other than the provision of payment services, subject to any relevant provision of F1... national law.

(2)

Authorised payment institutions and small payment institutions may grant credit in relation to the provision of the payment services specified in paragraph 1(d) or (e) of Schedule 1 (execution of payment transactions where funds are covered by a credit line, issuing payment instruments or acquiring payment transactions) only if—

(a)

such credit is ancillary and granted exclusively in connection with the execution of a payment transaction;

(b)

such credit is not granted from the funds received or held for the purposes of executing payment transactions; F2and

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

in relation to an authorised payment institution, in the opinion of the FCA the institution's own funds are, and continue to be, adequate in the light of the overall amount of credit granted.

Annotations

Textual amendments

F1

Words in reg. 32(1)(c) omitted (31.12.2020) by virtue of The Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1201), reg. 1(3), Sch. 2 para. 32(2) (with reg. 4, Sch. 3 Pt. 2) (as amended by S.I. 2020/56, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in reg. 32(2)(b) inserted (31.12.2020) by The Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1201), reg. 1(3), Sch. 2 para. 32(3)(a) (with reg. 4, Sch. 3 Pt. 2) (as amended by S.I. 2020/56, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)

F3

Reg. 32(2)(c) omitted (31.12.2020) by virtue of The Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1201), reg. 1(3), Sch. 2 para. 32(3)(b) (with reg. 4, Sch. 3 Pt. 2) (as amended by S.I. 2020/56, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)

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)