Domestic statutory framework
The UK’s domestic statutory framework for payment systems is set out in the Banking Act 2009 and the Financial Services (Banking Reform) Act 2013.
Part 5 of the Banking Act 2009 enables the Bank of England to regulate and supervise recognised payment systems (including those that use digital settlement assets (DSA)) recognised by HM Treasury, specified services provides to recognised payment systems, and recognised DSA providers. |
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Part 6 of the Financial Services (Banking Reform) Act 2013 makes provision for the FMI special administration regime (FMI SAR) to apply to operators of certain infrastructure systems and service providers to those systems as designated by the Treasury under Part 6 of the Act. The FMI SAR is the bespoke insolvency regime to address the risks posed by the possible failure of recognised payment systems, DSA service providers and specified service providers. The Financial Market Infrastructure Administration Rules give effect to Part 6 of the Act by setting out the procedure for making an application for an FMI administration order (Part 2) and by applying (with modifications) specified provisions of the Insolvency (England and Wales) Rules 2016. | |
The UK’s settlement finality regime seeks to reduce the risks associated with participation in payment and securities settlement systems. The regime does this by minimising the disruption caused by insolvency proceedings brought against a participant in such a system. The Bank of England is a designating authority under the Settlement Finality Regulations. |