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Published date: 22 November 2024

FCA updates payments and e-money Approach Document on "reasonable grounds" for delaying payment

Following a consultation, the FCA has updated its payment services and e-money Approach Document to support amendments to the PSRs made in the Payment Services (Amendment) Regulations 2024.

The provisions came into force on 30 October 2024, and allow PSPs to delay making outbound APP transactions where they have reasonable grounds to suspect fraud or dishonesty. The aim of the amendments was to allow flexibility in preventing APP fraud more effectively, while minimising the impact on legitimate payments. The guidance outlines how the FCA expects PSPs to apply these changes:

  • PSPs need an objective factual foundation for the ‘reasonable grounds to suspect’ threshold to be met. The guidance also sets out what PSPs should consider when assessing whether the threshold has been met;

  • the purpose of the delay window is to provide an opportunity for PSPs to contact the payer or other relevant third parties (e.g. law enforcement) to establish whether to execute the payment order. The del