UK Statutory Instrument SI 2017 United Kingdom

Payment Services Regulations 2017

These Regulations transpose in part Directive 2015/2366/EU of the European Parliament and of the Council of 25th November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No. 1093/2010, and repealing Directive 2007/64/EC (OJ L 337 23.12.2015, p.35) also known as the …

Enforced by
FCA, PSR
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 9 of 99 obligations carry an unlimited fine. 5 carry different penalties and 85 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator46 Any Person17 Financial Services Firm13 Applicant7 Trader4 Director or Officer1

Plus 11 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts
Financial Services Firm — also bound by 167 other Acts
Applicant — also bound by 307 other Acts
Trader — also bound by 825 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory provisions

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent
s.003 Exemption for certain bodies
Part 2

Registration

11 of 18 sections shown
s.005 Application for authorisation as a payment institution or variation of an existing authorisation (opens in a new tab) Regulated
  • Apply for or vary payment institution authorisationApplicant
s.006 Conditions for authorisation as a payment institution (opens in a new tab) Regulated
  • Meet eligibility conditions for payment institution authorisationApplicant
s.011 Request for cancellation of authorisation (opens in a new tab) Regulated
  • Follow FCA directions when requesting to cancel your authorisationAny Person
s.012 Variation of authorisation on FCA's own initiative (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FCA may change your business authorisation on its own initiativeStatutory regulator
s.013 Application for registration as a small payment institution or variation of an existing registration (opens in a new tab) Regulated
  • Register as a small payment institution or vary your registrationApplicant
s.014 Conditions for registration as a small payment institution (opens in a new tab) Regulated
  • Meet eligibility criteria to register as a Small Payment InstitutionApplicant
s.016 Application for authorisation or registration if requirements cease to be met (opens in a new tab) Regulated
  • Apply for new authorisation if registration requirements are no longer metFinancial Services Firm
s.017 Application for registration as an account information service provider or variation of an existing registration (opens in a new tab) Regulated
  • Apply to the FCA for AISP registration or to vary an existing oneApplicant
s.018 Conditions for registration as an account information service provider (opens in a new tab) Regulated
  • Meet requirements for registration as an account information service providerApplicant
s.020 Duty to notify changes (opens in a new tab) Regulated
  • Notify the FCA of changes to your payment service applicationApplicant
s.021 Authorised payment institutions, small payment institutions and registered account information service providers acting without permission (opens in a new tab) Regulated
  • Carry out unauthorised payment servicesAny Person
  • Provide payment services without proper FCA authorisationAny Person
7 other sections in this Part — procedural and definitional
s.004 The register of certain payment service providers
s.008 Variation etc. at request of authorised payment institution
s.009 Determination of application for authorisation or variation of authorisation
Part 3

Authorised Payment Institutions

4 of 10 sections shown
s.022 Capital requirements (opens in a new tab) Regulated
  • Maintain minimum capital and own funds levelsFinancial Services Firm
s.023 Safeguarding requirements (opens in a new tab) Regulated
  • Safeguard customer payment funds using segregation or insuranceFinancial Services Firm
s.024 Accounting and statutory audit (opens in a new tab) Regulated
  • Maintain separate accounts for payment servicesFinancial Services Firm
s.025 Outsourcing (opens in a new tab) Regulated
  • Notify the FCA before outsourcing operational functionsFinancial Services Firm
6 other sections in this Part — procedural and definitional
s.insolvency regulations Insolvency Regulations
Part 4

Provisions Applicable to Authorised Payment Institutions and Small Payment Institutions

6 of 7 sections shown
s.031 Record keeping (opens in a new tab) Regulated
  • Keep payment service compliance records for five yearsFinancial Services Firm
s.032 Additional activities (opens in a new tab) Regulated
  • Follow strict conditions if providing credit with payment servicesFinancial Services Firm
s.033 Payment accounts and sums received for the execution of payment transactions (opens in a new tab) Regulated
  • Use payment accounts only for payment transactionsFinancial Services Firm
s.034 Use of agents (opens in a new tab) Regulated
  • Register agents with the FCA before providing payment servicesFinancial Services Firm
s.036 Reliance (opens in a new tab) Regulated
  • Take reasonable steps to ensure third-party compliance with regulationsFinancial Services Firm
s.037 Duty to notify change in circumstance (opens in a new tab) Regulated
  • Notify the FCA of significant changes in your business circumstancesFinancial Services Firm
1 other section in this Part — procedural and definitional
Part 5

Requirements for providers of certain services which are not payment services

2 of 2 sections shown
s.038 Notification of use of limited network exclusion (opens in a new tab) Regulated
  • Notify the FCA if your limited network payment transactions exceed €1 millionOperator
s.039 Notification of use of electronic communications exclusion (opens in a new tab) Regulated
  • Notify the FCA before providing certain electronic payment servicesOperator
Part 6

Information Requirements for Payment Services

17 of 27 sections shown
s.043 Information required prior to the conclusion of a single payment service contract (opens in a new tab) Regulated
  • Provide specific information before single payment service contractsOperator
s.044 Information required after the initiation of a payment order (opens in a new tab) Prosecution
  • Provide payment transaction details to customers and account providersOperator

Unlimited fine

s.045 Information required after receipt of the payment order (opens in a new tab) Regulated
  • Provide transaction details to payers after receiving a payment orderOperator
s.046 Information for the payee after execution (opens in a new tab) Regulated
  • Provide transaction details to payees after receiving fundsOperator
s.048 Prior general information for framework contracts (opens in a new tab) Prosecution
  • Provide customers with contract information before they are boundOperator

Unlimited fine

s.049 Information during period of contract (opens in a new tab) Regulated
  • Provide contract terms and information to customers upon requestOperator
s.050 Changes in contractual information (opens in a new tab) Regulated
  • Give customers two months' notice of contract or information changesOperator
s.051 Termination of framework contract (opens in a new tab) Regulated
  • Manage notice periods and fees for terminating payment service contractsOperator
s.052 Information prior to execution of individual payment transaction (opens in a new tab) Prosecution
  • Provide transaction details to customers upon requestOperator

Unlimited fine

s.053 Information for the payer on individual payment transactions (opens in a new tab) Regulated
  • Provide transaction statements to customers at least monthlyOperator
s.054 Information for the payee on individual payment transactions (opens in a new tab) Regulated
  • Provide monthly transaction information to payment recipientsOperator
s.055 Communication of information (opens in a new tab) Regulated
  • Use clear and accessible language for payment service communicationsTrader
s.057 Currency and currency conversion (opens in a new tab) Regulated
  • Use agreed currency and disclose conversion charges and ratesTrader
s.058 Information on additional charges or reductions (opens in a new tab) Regulated
  • Disclose payment fees or discounts before a transaction startsTrader
s.060 Information requirements for account information service providers (opens in a new tab) Regulated
  • Provide mandatory service and fee information to customersOperator
s.061 Information on ATM withdrawal charges (opens in a new tab) Regulated
  • Provide clear information on ATM withdrawal chargesTrader
s.062 Provision of information leaflet (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FCA must publish a consumer rights leafletStatutory regulator
10 other sections in this Part — procedural and definitional
s.051 Termination of framework contract entered into before 28th April 2026
s.051 Termination of framework contract entered into on or after 28th April 2026
s.051 Exceptions to regulation 51B(1) in relation to money laundering and immigration requirements etc.
s.051 Exceptions to regulation 51B(3) in relation to certain public order offences etc.
Part 7

Rights and Obligations in Relation to the Provision of Payment Services

32 of 40 sections shown
s.066 Charges (opens in a new tab) Regulated
  • Follow rules for charging customers for payment servicesOperator
s.068 Confirmation of availability of funds for card-based payment transactions (opens in a new tab) Regulated
  • Provide immediate fund availability confirmation for card paymentsOperator
s.070 Access to payment accounts for account information services (opens in a new tab) Regulated
  • Provide account information services securely and with user consentOperator
s.071 Limits on the use of payment instruments and access to payment accounts (opens in a new tab) Regulated
  • Manage payment instrument blocks and account access denials with customer noticeOperator
s.073 Obligations of the payment service provider in relation to payment instruments (opens in a new tab) Regulated
  • Protect payment instruments and provide secure notification channelsOperator
s.074 Notification and rectification of unauthorised or incorrectly executed payment transactions (opens in a new tab) Regulated
  • Notify your provider of unauthorised or incorrect payments to get redressAny Person
s.075 Evidence on authentication and execution of payment transactions (opens in a new tab) Regulated
  • Provide evidence if you dispute or claim a payment was processed incorrectlyOperator
s.076 Payment service provider's liability for unauthorised payment transactions (opens in a new tab) Regulated
  • Refund and rectify accounts for unauthorised payment transactionsOperator
s.077 Payer or payee's liability for unauthorised payment transactions (opens in a new tab) Regulated
  • Compensate payer's PSP if you don't accept strong customer authenticationOperator
s.078 Payment transactions where the transaction amount is not known in advance (opens in a new tab) Regulated
  • Ensure customer authorisation and prompt release of blocked fundsOperator
s.079 Refunds for payment transactions initiated by or through a payee (opens in a new tab) Regulated
  • Refund customers for unauthorised or incorrectly valued transactionsOperator
s.080 Requests for refunds for payment transactions initiated by or through a payee (opens in a new tab) Regulated
  • Process and respond to customer refund requests for direct paymentsOperator
s.081 Receipt of payment orders (opens in a new tab) Regulated
  • Only debit payment accounts after receiving a payment orderOperator
s.082 Refusal of payment orders (opens in a new tab) Regulated
  • Notify customers if you refuse a payment orderOperator
s.083 Revocation of a payment order (opens in a new tab) Regulated
  • Observe deadlines for cancelling payment ordersAny Person
s.084 Amounts transferred and amounts received (opens in a new tab) Regulated
  • Transfer full payment amounts without unauthorized deductionsOperator
s.086 Payment transactions to a payment account (opens in a new tab) Regulated
  • Process and credit payment transactions within statutory timeframesOperator
s.087 Absence of payee's payment account with the payment service provider (opens in a new tab) Regulated
  • Make funds available immediately to payees without an accountOperator
s.088 Cash placed on a payment account (opens in a new tab) Regulated
  • Make cash deposits available to customers within strict time limitsOperator
s.089 Value date and availability of funds (opens in a new tab) Regulated
  • Ensure immediate availability of funds and correct value datingOperator
s.090 Incorrect unique identifiers (opens in a new tab) Regulated
  • Recover misdirected payments and cooperate with other payment providersOperator
s.091 Non-execution or defective or late execution of payment transactions initiated by the payer (opens in a new tab) Prosecution
  • Refund and correct payment errors for payer-initiated transactionsOperator

Unlimited fine

s.092 Non-execution or defective or late execution of payment transactions initiated by the payee (opens in a new tab) Regulated
  • Your payment service provider must correctly handle payment orders you initiate and fix failuresOperator
s.093 Non-execution or defective or late execution of payment transactions initiated through a payment initiation service (opens in a new tab) Regulated
  • Refund customers for failed or incorrect payments and seek compensationOperator
s.094 Liability of payment service provider for charges and interest as a consequence of delay under regulation 86(2B) Regulated
  • Pay user charges and interest resulting from payment delaysOperator
s.094 Liability of payment service provider for charges and interest (opens in a new tab) Regulated
  • Compensate customers for costs caused by payment failuresOperator
s.095 Right of recourse (opens in a new tab) Regulated
  • Compensate other payment providers for losses from unauthorized transactionsOperator
s.097 Consent for use of personal data (opens in a new tab) Regulated
  • Obtain explicit consent before using customer payment dataOperator
s.098 Management of operational and security risks (opens in a new tab) Regulated
  • Manage operational and security risks and report assessments to the FCAOperator
s.099 Incident reporting (opens in a new tab) Prosecution
  • Report major operational or security incidents to the FCAOperator

Unlimited fine

s.100 Authentication (opens in a new tab) Regulated
  • Use Strong Customer Authentication for online payments and accountsOperator
8 other sections in this Part — procedural and definitional
Part 8

Access to payment systems and bank accounts

3 of 4 sections shown
s.103 Prohibition on restrictive rules on access to payment systems (opens in a new tab) Regulated
  • Ensure payment system access rules are fair and non-discriminatoryAny Person
s.104 Indirect access to designated systems (opens in a new tab) Regulated
  • Assess indirect access requests to payment systems fairlyAny Person
s.105 Access to bank accounts (opens in a new tab) Regulated
  • Grant payment service providers fair access to bank account servicesFinancial Services Firm
1 other section in this Part — procedural and definitional
Part 9

The Financial Conduct Authority

6 of 18 sections shown
s.108 Monitoring and enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FCA and PSR must monitor and enforce payment services complianceStatutory regulator
s.109 Reporting requirements (opens in a new tab) Regulated
  • Submit payment services information and fraud data to the FCAOperator
s.111 Financial penalties (opens in a new tab) Prosecution
  • Breach payment services regulatory requirementsAny Person

Unlimited fine

s.112 Proposal to take disciplinary measures (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FCA must issue warning and decision notices before taking disciplinary actionStatutory regulator
s.115 Proposal to require restitution (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FCA must issue warning and decision notices before requiring restitutionStatutory regulator
s.117 Complaints (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FCA must provide a system for complaints against payment service providersStatutory regulator
12 other sections in this Part — procedural and definitional
s.technical standards Technical standards
Part 10

The Payment Systems Regulator

5 of 14 sections shown
s.126 Publication of compliance failures and penalties (opens in a new tab) Regulated
  • Publishing compliance failures and penaltiesAny Person
s.127 Penalties (opens in a new tab) Prosecution
  • Fail to comply with payment services or systems regulationsAny Person

Unlimited fine

s.128 Notice of publication of a compliance failure or of imposition of a penalty (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Payment Systems Regulator must provide notice before issuing penaltiesStatutory regulator
s.130 Appeals: general (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Competition Appeal Tribunal must hear appeals against FCA or PSR decisionsTribunal / Court
s.133 Complaints (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • PSR must provide a system for submitting complaints about rule breachesStatutory regulator
9 other sections in this Part — procedural and definitional
Part 11

General

8 of 23 sections shown
s.138 Prohibition on provision of payment services by persons other than payment service providers (opens in a new tab) Imprisonment
  • Provide payment services without authorisationAny Person
  • Provide unauthorised payment servicesAny Person
s.139 False claims to be a payment service provider or exempt (opens in a new tab) Imprisonment
  • Falsely claim to be a payment service providerAny Person
s.141 Contravention of regulations 57 and 58 (opens in a new tab) Prosecution
  • Fail to provide required information on charges and exchange ratesAny Person

Unlimited fine

s.142 Misleading the FCA or the Payment Systems Regulator (opens in a new tab) Prosecution
  • Give false or misleading information to the FCA or PSRAny Person
  • Mislead the FCA or Payment Systems RegulatorAny Person

Unlimited fine

s.144 Liability of officers of bodies corporate etc (opens in a new tab) Imprisonment
  • Personal liability for company officers/partners for payment service breachesDirector or Officer
s.147 Duty to co-operate and exchange of information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must cooperate and may share information about payment providersStatutory regulator
s.153 Transitional and saving provisions: general (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FCA must maintain a register of authorised payment service providersStatutory regulator
s.154 Transitional provisions: account information services and payment initiation services (opens in a new tab) Regulated
  • Do not block Open Banking services while transitioning to new standardsOperator
15 other sections in this Part — procedural and definitional
s.single euro payments area Single Euro Payments Area
Schedules

Schedules

2 of 102 shown
s.004 Prior general information for framework contracts (opens in a new tab) Regulated
  • Provide mandatory contract information to payment service usersOperator
s.sch008 Electronic Money Regulations 2011 Regulated
  • Notify the FCA if your e-money under limited-use exclusions exceeds €1 million in 12 monthsFinancial Services Firm
100 other schedules
s.sch001 Subject to Part 2, the following, when carried out as...
s.sch001 The following do not constitute payment services—
s.sch001 (1) The provision of cash otherwise than through an automatic...
s.sch001 The activity specified by article 9M of the Financial Services...
s.sch002 A programme of operations setting out, in particular, the type...
s.sch002 A statement of the applicant's security policy, including—
s.sch002 For an applicant subject to the obligations in relation to...
s.sch002 A description of the applicant's structural organisation, including, where applicable,...
s.sch002 In relation to each person holding, directly or indirectly, a...
s.sch002 (1) The identity of directors and persons who are or...
s.sch002 The identity of the auditors of the applicant, if any....
s.sch002 (1) The legal status of the applicant and, where the...
s.sch002 The address of the head office of the applicant.
s.sch002 For the purposes of paragraphs 4, 5, 6 and 12,...
s.sch002 In the case of an applicant which proposes to provide...
s.sch002 A business plan including a forecast budget calculation for the...
s.sch002 Evidence that the applicant holds initial capital for the purposes...
s.sch002 Where regulation 23 (safeguarding requirements) applies, a description of the...
s.sch002 A description of the applicant's governance arrangements and internal control...
s.sch002 A description of the applicant's procedure for monitoring, handling and...
s.sch002 A description of the applicant's process for filing, monitoring, tracking...
s.sch002 A description of the applicant's business continuity arrangements, including a...
s.sch002 A description of the principles and definitions used by the...
s.sch003 For the purposes of this Part, “initial capital” comprises one...
s.sch003 (1) “Method C” means the calculation method set out in...
s.sch003 Except where this Schedule provides for a different method of...
s.sch003 (1) The amount of initial capital referred to in regulations...
s.sch003 The amount of own funds referred to in regulation 22(1)(b)...
s.sch003 The FCA may direct that an authorised payment institution must...
s.sch003 A direction made under paragraph 4 must be on the...
s.sch003 The FCA may make a reasonable charge for making an...
s.sch003 If an authorised payment institution has not completed a full...
s.sch003 (1) “Method A” means the calculation method set out in...
s.sch003 (1) “Method B” means the calculation method set out in...
s.sch003a Application and modification of the Banking Act 2009
s.sch003a Insolvency regulations
s.sch003a Section 233 of the Banking Act 2009 (insolvency regulations) applies...
s.sch003a Section 234 of the Banking Act 2009 (regulations: details) applies...
s.sch003a Section 235 of the Banking Act 2009 (regulations: procedure) applies...
s.sch003a Section 236 of the Banking Act 2009 (review) applies as...
s.sch003a For the purposes of the modifications in this Schedule— “...
s.sch004 The following information about the payment service provider—
s.sch004 The following information about the payment service—
s.sch004 The following information about charges, interest and exchange rates—
s.sch004 The following information about communication— (a) the means of communication...
s.sch004 The following information about safeguards and corrective measures—
s.sch004 The following information about changes to and termination of the...
s.sch004 The following information about redress— (a) any contractual clause on—...
s.sch005 Power to prohibit the entry into credit agreements
s.sch005 Power to restrict the entry into credit agreements and to withdraw or vary a restriction
s.sch005 Interpretation
s.sch005 Notice of prohibition or restriction
s.sch005 Application to withdraw or vary prohibition or restriction
s.sch005 Notice to the home state competent authority
s.sch006 Disciplinary powers
s.sch006 Warning notices and decision notices
s.sch006 Limitation on power to require documents
s.sch006 The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001
s.sch006 The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
s.sch006 The Upper Tribunal
s.sch006 FCA rules
s.sch006 Information gathering and investigations
s.sch006 Control over payment institutions
s.sch006 Incoming firms: interventions by the FCA
s.sch006 Auditors and actuaries
s.sch006 Restriction on disclosure of information
s.sch006 Insolvency
s.sch007 Exercise of market access rights by Gibraltar-based firms
s.sch007 Exercise by authorised payment institutions of market access rights in Gibraltar
s.sch007 References to Gibraltar regulator
s.sch007 Modification of legislation
s.sch008 Consumer Credit Act 1974
s.sch008 Financial Services (Distance Marketing) Regulations 2004
s.sch008 Investment Bank Special Administration Regulations 2011
s.sch008 Consumer Rights (Payment Surcharges) Regulations 2012
s.sch008 Postal Services Act 2011 (Disclosure of Information) Order 2012
s.sch008 Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012
s.sch008 Payment to Treasury of Penalties (Enforcement Costs) Order 2013
s.sch008 Financial Services Act 2012 (Relevant Functions in relation to Complaints Scheme) Order 2014
s.sch008 Communications Act 2003 (Disclosure of Information) Order 2014
s.sch008 Financial Services and Markets Act 2000 (Excluded Activities and Prohibitions) Order 2014
s.sch008 Public Interest Disclosure (Prescribed Persons) Order 2014
s.sch008 Financial Services and Markets Act 2000
s.sch008 Enterprise Act 2002 (Part 8 EU Infringements) Order 2014
s.sch008 Payment to Treasury of Penalties (Enforcement Costs of the Payment Systems Regulator) Order 2015
s.sch008 Mortgage Credit Directive Order 2015
s.sch008 Small and Medium Sized Business (Credit Information) Regulations 2015
s.sch008 Small and Medium Sized Business (Finance Platforms) Regulations 2015
s.sch008 Payment Accounts Regulations 2015
s.sch008 Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
s.sch008 Enterprise Act 2002
s.sch008 Financial Services (Banking Reform) Act 2013
s.sch008 Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
s.sch008 Individual Savings Account Regulations 1998
s.sch008 Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
s.sch008 Child Trust Funds Regulations 2004

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