(1) This regulation does not apply to payment transactions initiated through card-based payment instruments on which electronic money is stored.
(2) Where the conditions in paragraph (3) are met, a payment service provider which issues card-based payment instruments may request that an account servicing payment service provider confirm whether an amount necessary for the execution of a card-based payment transaction is available on the payment account of the payer.
(3) The conditions are that -
(a) the payer has given explicit consent to the payment service provider to request the confirmation;
(b) the payer has initiated a payment transaction for the amount in question using a card-based payment instrument issued by the payment service provider making the request;
(c) the payment service provider making the request complies, for each request, with the authentication and secure communication requirements set out in the technical standards made under regulation 106A in its communication
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