European Communities (Payment Services) Regulations, 2009 [S.I. No. 383 of 2009]

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Version status: Revoked | Document consolidation status: Updated to reflect all known changes

Published date: 25 September 2009

Consolidation Status: Updated to reflect all known changes

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	Introductory Text
	Part 1 Preliminary (regs. 1-7)
Revoked	Regulation 1 Citation.
Revoked	Regulation 2 Commencement.
Revoked	Regulation 3 Interpretation.
Revoked	Regulation 4 Bank to be competent authority.
Revoked	Regulation 5 Application of certain provisions of these Regulations.
Revoked	Regulation 6 Payment transactions, etc., to which these Regulations do not apply.
Revoked	Regulation 7 Relationship with Consumer Credit Act 1995.
	Part 2 Payment Service Providers (regs. 8-37)
	Chapter 1 Right to Provide Payment Services (regs. 8-9)
Revoked	Regulation 8 Persons that may provide payment services.
Revoked	Regulation 9 The Register.
	Chapter 2 Authorisation of Payment Institutions (regs. 10-21)
Revoked	Regulation 10 Applications for authorisation.
Revoked	Regulation 11 Initial capital.
Revoked	Regulation 12 Own funds.
Revoked	Regulation 13 Calculation of amount of own funds.
Revoked	Regulation 14 Calculation of own funds - Method A.
Revoked	Regulation 15 Calculation of own funds - Method B.
Revoked	Regulation 16 Calculation of own funds - Method C.
Revoked	Regulation 17 Calculation of own funds - scaling factor k.
Revoked	Regulation 18 Decision to grant or refuse authorisation.
Revoked	Regulation 19 Conditions for granting of authorisation.
Revoked	Regulation 20 Bank may require adjustments to applicant's business plan.
Revoked	Regulation 21 Communication of the decision.
	Chapter 3 Conditions of Authorisation (regs. 22-33)
Revoked	Regulation 22 Requirements of this Chapter to be conditions of authorisation.
Revoked	Regulation 23 Maintenance of own funds.
Revoked	Regulation 24 Safeguarding of users' funds.
Revoked	Regulation 25 Maintenance of authorisation.
Revoked	Regulation 26 Accounting and audit.
Revoked	Regulation 27 Activities in which a payment institution may engage.
Revoked	Regulation 28 Use of agents.
Revoked	Regulation 29 Establishment of branch in the State by payment institution authorised in another Member State.
Revoked	Regulation 30 Outsourcing of functions.
Revoked	Regulation 31 Liability.
Revoked	Regulation 32 Record-keeping.
Revoked	Regulation 33 Obligation to give notice of intention to commence providing payment services in another Member State.
	Chapter 4 Withdrawal of authorisation (reg. 34)
Revoked	Regulation 34 Withdrawal of authorisation.
	Chapter 5 Small Payment Institutions (regs. 35-37)
Revoked	Regulation 35 Small payment institutions - waiver of application of certain provisions of Chapter 2.
Revoked	Regulation 36 Requirement to apply for authorisation in certain circumstances.
Revoked	Regulation 37 Withdrawal of waiver.
	Part 3 Payment Systems (regs. 38-41)
Revoked	Regulation 38 Definition (Part 3).
Revoked	Regulation 39 Application of Part II of Central Bank Act 1997 to payment systems.
Revoked	Regulation 40 Bank's powers in relation to payment systems.
Revoked	Regulation 41 Court's additional powers in relation to payment systems.
	Part 4 Transparency of Conditions and Information Requirements for Payment Services (regs. 42-63)
	Chapter 1 General Rules (regs. 42-45)
Revoked	Regulation 42 Scope of this Part.
Revoked	Regulation 43 Application of this Part.
Revoked	Regulation 44 Operation of other legislative provisions.
Revoked	Regulation 45 Charges for information.
	Chapter 2 Single Payment Transactions (regs. 46-50)
Revoked	Regulation 46 Single payment transactions.
Revoked	Regulation 47 General information to be supplied in advance.
Revoked	Regulation 48 Information and conditions.
Revoked	Regulation 49 Information for payer after receipt of payment order.
Revoked	Regulation 50 Information for payee after execution of payment transaction.
	Chapter 3 Framework Contracts (regs. 51-60)
Revoked	Regulation 51 Scope of this Chapter.
Revoked	Regulation 52 General information to be supplied in advance.
Revoked	Regulation 53 Information to be provided.
Revoked	Regulation 54 Access to information and conditions of framework contracts.
Revoked	Regulation 55 Changes in conditions of framework contracts.
Revoked	Regulation 56 Termination.
Revoked	Regulation 57 Information before execution of individual payment transactions.
Revoked	Regulation 58 Information for the payer on individual payment transactions.
Revoked	Regulation 59 Information for the payee on individual payment transactions.
Revoked	Regulation 60 Information requirements for low-value payment instruments and electronic money.
	Chapter 4 Common Provisions (regs. 61-63)
Revoked	Regulation 61 Currency and currency conversion.
Revoked	Regulation 62 Information on additional charges or reductions.
Revoked	Regulation 63 Manner in which information to be given.
	Part 5 Rights and Obligations in Relation to the Provision and Use of Payment Services (regs. 64-94)
	Chapter 1 Common Provisions (regs. 64-67)
Revoked	Regulation 64 Scope.
Revoked	Regulation 65 Application of this Part.
Revoked	Regulation 66 Charges applicable.
Revoked	Regulation 67 Right of payment service provider and user to agree on application of certain provisions of these Regulations.
	Chapter 2 Authorisation of Payment Transactions (regs. 68-79)
Revoked	Regulation 68 Consent and withdrawal of consent.
Revoked	Regulation 69 Limits of the use of payment instruments.
Revoked	Regulation 70 Obligations of payment service users in relation to payment instruments.
Revoked	Regulation 71 Obligations of the payment service provider in relation to payment instruments.
Revoked	Regulation 72 Rectification of unauthorised, etc., payment transactions dependent on notice.
Revoked	Regulation 73 Evidence on authentication and execution of payment transactions.
Revoked	Regulation 74 Payment service provider's liability for unauthorised payment transactions.
Revoked	Regulation 75 Payer's liability for certain unauthorised payment transactions.
Revoked	Regulation 76 Refunds for payment transactions initiated by or through a payee.
Revoked	Regulation 77 Requests for refunds for payment transactions initiated by or through a payee.
Revoked	Regulation 78 No liability in certain circumstances.
Revoked	Regulation 79 Other compensation not prevented.
	Chapter 3 Execution of payment transactions (regs. 80-93)
Revoked	Regulation 80 Receipt of payment orders.
Revoked	Regulation 81 Refusal of payment orders.
Revoked	Regulation 82 Irrevocability of payment orders.
Revoked	Regulation 83 Amounts transferred and amounts received.
Revoked	Regulation 84 Execution time and value date.
Revoked	Regulation 85 Payment transactions to payment account.
Revoked	Regulation 86 Absence of payee's payment account with the payment service provider.
Revoked	Regulation 87 Cash placed on a payment account.
Revoked	Regulation 88 Value date and availability of funds.
Revoked	Regulation 89 Incorrect unique identifiers.
Revoked	Regulation 90 Non-execution or defective execution.
Revoked	Regulation 91 Right of recourse.
Revoked	Regulation 92 No liability in certain circumstances.
Revoked	Regulation 93 Other compensation not prevented.
	Chapter 4 Data Protection (reg. 94)
Revoked	Regulation 94 Processing of personal data.
	Part 6 Powers and Duties of the Bank (regs. 95-104)
	Chapter 1 Supervisory Powers and Duties (regs. 95-98)
Revoked	Regulation 95 Bank as competent authority.
Revoked	Regulation 96 Supervision.
Revoked	Regulation 97 Bank's power to give directions.
Revoked	Regulation 98 Exchange of information.
	Chapter 2 Powers of Authorised Officers (regs. 99-102)
Revoked	Regulation 99 Interpretation (Chapter 2).
Revoked	Regulation 100 Power to appoint authorised officers.
Revoked	Regulation 101 Powers of authorised officers.
Revoked	Regulation 102 Warrants.
	Chapter 3 Out-of-Court Complaint and Redress Procedures (reg. 103)
Revoked	Regulation 103 Out-of-court redress.
	Chapter 4 Appeals (reg. 104)
Revoked	Regulation 104 Appealable decisions.
	Part 7 Offences (regs. 105-114)
Revoked	Regulation 105 Offence - operation as a payment institution without authorisation, etc.
Revoked	Regulation 106 Offence - false or misleading information in application.
Revoked	Regulation 107 Offence - misappropriation of users' funds.
Revoked	Regulation 108 Offence - failure to inform Bank of relevant changes, etc.
Revoked	Regulation 109 Offence - failure to keep appropriate records.
Revoked	Regulation 110 Offences - obstruction of authorised officer, etc.
Revoked	Regulation 111 Offence - provision of false or misleading information under Regulation 96(1)(a).
Revoked	Regulation 112 Penalties.
Revoked	Regulation 113 Prosecution of offences.
Revoked	Regulation 114 Offences - directors and others of bodies corporate and unincorporated bodies.
	Part 8 Transitional (regs. 115-117)
Revoked	Regulation 115 Payment service providers active before 25 December 2007.
Revoked	Regulation 116 Payment service providers active before 25 December 2007 included in consolidated supervision of another undertaking.
Revoked	Regulation 117 Certain small payment service providers active before commencement of these Regulations.
	Part 9 Amendment and Revocation of Other Legislation (regs. 118-122)
Revoked	Regulation 118 Amendments of Central Bank Act 1942.
Revoked	Regulation 119 Amendment of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992.
Revoked	Regulation 120 Revocation of European Communities (Cross-Border Credit Transfers) Regulations 1999.
Revoked	Regulation 121 Amendment of European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001.
Revoked	Regulation 122 Amendments of European Communities (Distance Marketing of ConsumerFinancial Services) Regulations 2004.
Revoked	Schedule 1 Payment Services
	Schedule 2 Amendment of other Legislation
Revoked	Schedule 2, Part 1 Amendments of Central Bank Act 1942
Revoked	Schedule 2, Part 2 Amendments of European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992
	Given under
	Explanatory Note

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