i e AT 7 of 2015 PAYMENT SERVICES ACT 2015

Transcription

1 i e AT 7 of 2015 PAYMENT SERVICES ACT 2015

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3 Payment Servies At 2015 Index i i e PAYMENT SERVICES ACT 2015 Index Setion Page 1 Short title Commenement Interpretation Regulations to give effet to the Diretives Regulation of ompetition between SEPA partiipants Regulations supplemental Amendment Tynwald ontrol... 8 ENDNOTES 9 TABLE OF ENDNOTE REFERENCES 9 AT 7 of 2015 Page 3

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5 Payment Servies At 2015 Setion 1 i e PAYMENT SERVICES ACT 2015 Signed in Tynwald: 21 April 2015 Reeived Royal Assent: 21 April 2015 Announed to Tynwald: 21 April 2015 AN ACT to provide for the regulation of finanial institutions whih are, or propose to beome, payment servie providers for the purposes of the Single Euro Payments Area; and for onneted purposes. BE IT ENACTED by the Queen s Most Exellent Majesty, by and with the advie and onsent of the Counil and Keys in Tynwald assembled, and by the authority of the same, as follows: 1 Short title The short title of this At is the Payment Servies At Commenement (1) This At, other than setion 1 and this setion, omes into operation upon suh day or days as the Counil of Ministers may by order appoint. 1 (2) An order under subsetion (1) may make suh onsequential, inidental, supplemental, transitional or transitory provision as may appear to the Counil of Ministers to be neessary. 3 Interpretation (1) In this At the Commission means the Finanial Supervision Commission; the Counil means the Counil of the European Union; the Diretives means the Eletroni Money Diretive and the Payment Servies Diretive; Eletroni Money Diretive means Diretive 2009/110/EC of the European Parliament and of the Counil of 16 September 2009 on the taking up, AT 7 of 2015 Page 5

6 Setion 3 Payment Servies At 2015 pursuit and prudential supervision of the business of eletroni money institutions [OJEU No. L 267, , p. 7]; OFT means the Isle of Man Offie of Fair Trading; payment servie has the meaning given in artile 4(3) of the Payment Servies Diretive; payment servie provider has the meaning given in artile 4(9) of the Payment Servies Diretive; Payment Servies Diretive means Diretive 2007/64/EC of the European Parliament and of the Counil of 13 November 2007 on payment servies in the internal market [OJEU No L 319, , p. 1]; payment system has the meaning given in artile 4(6) of the Payment Servies Diretive; payment transation has the meaning given in artile 4(5) of the Payment Servies Diretive; the relevant ompetition provisions means the provisions of artiles 101 and 102 of the Treaty on the Funtioning of the European Union; SEPA means the Single Euro Payment Area administered by the European Payments Counil in aordane with the Payment Servies Diretive; SEPA appliant means a body orporate that is not a SEPA partiipant; but has made an appliation to the European Payments Counil to beome a SEPA partiipant; SEPA partiipant means a body orporate that is reognised by the European Payments Counil as satisfying the eligibility riteria set out in setion 5.4 of the SEPA Credit Transfer Sheme Rulebook; and adheres to that Rulebook; SEPA payment transation means a payment transation using the SEPA Credit Transfer Sheme or the SEPA Diret Debit Sheme. (2) Referenes in this At (or regulations under it) to the relevant ompetition provisions or the Diretives are to be onstrued as referenes to those provisions or the Diretives as amended from to time; and are to be taken to inlude any instrument of the European Union re-enating the relevant ompetition provisions or either of the Diretives (with or without amendments). Page 6 AT 7 of 2015

7 Payment Servies At 2015 Setion 4 4 Regulations to give effet to the Diretives The Commission may make regulations applying the Diretives, with suh additions, modifiations or omissions as it thinks appropriate in relation to SEPA appliants, SEPA partiipants and SEPA payment transations. 5 Regulation of ompetition between SEPA partiipants (1) OFT may make regulations applying, as part of the law of the Island, the relevant ompetition provisions. (2) But suh regulations may make provision only so far as is neessary to seure ompliane with the relevant ompetition provisions between SEPA partiipants providing payment servies in or from the Island; and between those partiipants and other SEPA partiipants; and only so far as those provisions relate to (i) (ii) payment servies provided in or from the Island; or payment servies provided to persons in the Island; 6 Regulations supplemental (1) Regulations under this At may make, in relation to SEPA appliants, SEPA partiipants and SEPA payments, any provision whih might be made by an At of Tynwald. This is subjet to setion 5(2). (2) Before making regulations under this At, the Commission or OFT (as the ase requires) must onsult suh persons as appear to them to be appropriate. 7 Amendment (1) Subsetion (2) applies if it appears to the Counil of Ministers to be neessary or expedient to amend this At in onsequene of any development in the operation of payment systems regulated by the European Payments Counil; or any amendment of the law of the European Union relating to payment servies. (2) If this subsetion applies, the Counil of Ministers may by order amend this At. (3) An order under subsetion (2) may ontain suh inidental, supplemental or transitional provision as appears to the Counil of Ministers to be neessary or expedient. AT 7 of 2015 Page 7

8 Setion 8 Payment Servies At Tynwald ontrol (1) Regulations and orders made under this At do not have effet unless they are approved by Tynwald. (2) Subsetion (1) does not apply to an order under setion 2(1) (appointed day). Page 8 AT 7 of 2015

9 Payment Servies At 2015 Endnotes ENDNOTES Table of Endnote Referenes 1 ADO remaining provisions (ss. 3 to 8) in operation 6 June 2015 [SD2015/0212]. AT 7 of 2015 Page 9