Regulation 63 Application of Part 7

(1)

This Part applies to payment services where—

(a)

the services are provided from an establishment maintained by a payment service provider or its agent in the United Kingdom; and

(b)

the services are provided in one of the following circumstances—

(i)

the payment service providers of both the payer and the payee are located within F1the United Kingdom and the service relates to a transaction in F2sterling;

F3(ia)

the payment service providers of both the payer and the payee are located within the qualifying area and the service relates to a transaction in euro executed under a payment scheme which operates across the qualifying area;

(ii)

the payment service providers of both the payer and the payee are located within F4the United Kingdom and the service relates to a transaction in a currency other than F5sterling or euro; or

(iii)

the payment service provider of either the payer or the payee, but not both, is located within the F6United Kingdom and the case does not fall within paragraph (ia).

F7(1A)

In paragraph (1)(b)(ia)—

(a)

“payment service provider” includes any person who is a PSP as defined in Article 2(8B) of the SEPA regulation;

(b)

“the qualifying area” means the area of the United Kingdom and the EEA States.

(2)

In the circumstances mentioned at paragraph (1)(b)(ii)—

(a)

this Part applies only in respect of those parts of a transaction which are carried out in the F8United Kingdom; and

(b)

regulations 84 to 88 (amounts transferred and received and execution time) do not apply.

(3)

In the circumstances mentioned at paragraph (1)(b)(iii)—

(a)

this Part applies only in respect of those parts of a transaction which are carried out in the F9United Kingdom; and

(b)

regulations 66(2) (responsibility for charges), 79 (refunds for direct debits), 80 (requests for direct debit refunds), 84 (amounts transferred and received), 86(1) to (3) (execution time for transactions to a payment account), 91 (defective execution of payer-initiated transactions), 92 (defective execution of payee-initiated transactions), 94 (liability for charges and interest) and 95 (right of recourse) do not apply.

(4)

This Part does not apply to registered account information service providers F10..., except for regulations 70 (access to payment accounts for account information services), 71(7) to (10) (denial of access to payment accounts), 72(3) (payment service user's obligation to keep personalised security credentials safe) and 98 to 100 (risk management, incident reporting, authentication and dispute resolution).

(5)

Where the payment service user is not a consumer, a micro-enterprise or a charity, the payment service user and the payment service provider may agree that—

(a)

any or all of regulations 66(1) (charges), 67(3) and (4) (withdrawal of consent), 75 (evidence on authentication and execution), 77 (payer or payee's liability for unauthorised transactions), 79 (refunds for direct debits), 80 (requests for direct debit refunds), 83 (revocation of a payment order), F1186(2A) to (2D) (payment transactions to a payment account), 91 (defective execution of payer-initiated transactions), 92 (defective execution of payee-initiated transactions) F12, 94 (liability for charges and interest) F13and 94A (liability for charges and interest as a consequence of delay under regulation 86(2B)) do not apply;

(b)

a different time period applies for the purposes of regulation 74(1) (notification of unauthorised or incorrectly executed payment transactions).

Annotations

Textual amendments

F1: Words in reg. 63(1)(b)(i) substituted (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. 38(2)(a)(i) (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. 63(1)(b)(i) substituted (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. 38(2)(a)(ii) (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. 63(1)(b)(ia) 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. 38(2)(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)
F4: Words in reg. 63(1)(b)(ii) substituted (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. 38(2)(c)(i) (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)
F5: Words in reg. 63(1)(b)(ii) substituted (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. 38(2)(c)(ii) (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)
F6: Words in reg. 63(1)(b)(iii) substituted (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. 38(2)(d) (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)
F7: Reg. 63(1A) 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. 38(3) (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)
F8: Words in reg. 63(2)(a) substituted (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. 38(4) (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)
F9: Words in reg. 63(3)(a) substituted (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. 38(4) (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)
F10: Words in reg. 63(4) 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. 38(5) (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)
F11: Words in reg. 63(5)(a) inserted (30.10.2024) by The Payment Services (Amendment) Regulations 2024 (S.I. 2024/1013), regs. 1(2), 2(2)(a)
F12: Reg. 63(5)(a): comma substituted for word (30.10.2024) by The Payment Services (Amendment) Regulations 2024 (S.I. 2024/1013), regs. 1(2), 2(2)(b)
F13: Words in reg. 63(5)(a) inserted (30.10.2024) by The Payment Services (Amendment) Regulations 2024 (S.I. 2024/1013), regs. 1(2), 2(2)(c)

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)