Regulation 85 Application of regulations 86 to 88

(1)

Regulations 86 to 88 F1, except paragraphs (2A) to (2D) of regulation 86, apply to any payment transaction—

F2(a)

executed wholly within the qualifying area in euro under a payment scheme which operates across the qualifying area

(b)

executed wholly within the United Kingdom in sterling; or

(c)

F3executed wholly under a payment scheme which operates across the qualifying area and involving only one currency conversion between the euro and sterling, provided that—

(i)

the currency conversion is carried out in the United Kingdom; and

(ii)

in the case of cross-border payment transactions, the cross-border transfer takes place in euro.

F4(1A)

Paragraphs (2A) to (2D) of regulation 86 (payment transactions to a payment account) apply to any payment transaction which is—

(a)

authorised in accordance with regulation 67 (consent and withdrawal of consent);

(b)

executed wholly within the United Kingdom in sterling; and

(c)

not initiated by or through a payee.

(2)

In respect of any other payment transaction, the payment service user may agree with the payment service provider that regulations 86 to 88 (except regulation 86(3)) do not apply.

F5(3)

In paragraph (1), “the qualifying area” means the area of the United Kingdom and the EEA States.

Annotations

Textual amendments

F1: Words in reg. 85(1) inserted (30.10.2024) by The Payment Services (Amendment) Regulations 2024 (S.I. 2024/1013), regs. 1(2), 2(3)(a)
F2: Reg. 85(1)(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. 43(2)(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: Words in reg. 85(1)(c) 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. 43(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: Reg. 85(1A) inserted (30.10.2024) by The Payment Services (Amendment) Regulations 2024 (S.I. 2024/1013), regs. 1(2), 2(3)(b)
F5: Reg. 85(3) 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. 43(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)

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)