Digital Economy Bill (HL Bill 122)

17 A person providing services to a specified person who is a public authority
in respect of the taking of action in connection with debt owed to a public
authority or to the Crown.

Section 59

SCHEDULE 8 5Specified persons for the purposes of the fraud provisions

1 The Secretary of State for the Home Department.

2 The Secretary of State for Defence.

3 The Lord Chancellor.

4 The Secretary of State for Justice.

5 10The Secretary of State for Education.

6 The Secretary of State for Business, Energy and Industrial Strategy.

7 The Secretary of State for Work and Pensions.

8 The Secretary of State for Transport.

9 The Secretary of State for Communities and Local Government.

10 15The Secretary of State for the Environment, Food and Rural Affairs.

11 The Secretary of State for International Development.

12 The Secretary of State for Culture, Media and Sport.

13 The Minister for the Cabinet Office.

14 Her Majesty’s Revenue and Customs.

15 20The Export Credits Guarantee Department.

16 A county council in England.

17 A district council in England.

18 A London borough council.

19 The Common Council of the City of London in its capacity as a local
25authority.

20 The Council of the Isles of Scilly.

21 The Greater London Authority.

22 The Chief Land Registrar.

23 The Big Lottery Fund.

24 30The Nuclear Decommissioning Authority.

25 The Environment Agency.

26 The Homes and Communities Agency.

27 The Higher Education Funding Council for England.

28 The Historic Buildings and Monuments Commission for England.

29 The Student Loans Company.

30 The British Council.

31 The Arts Council of England.

32 5The English Sports Council.

33 The Technology Strategy Board.

34 The Arts and Humanities Research Council.

35 The Medical Research Council.

36 The Natural Environment Research Council.

37 10The Biotechnology and Biological Sciences Research Council.

38 The Economic and Social Research Council.

39 The Engineering and Physical Sciences Research Council.

40 The Science and Technology Facilities Council.

41 A person providing services to a specified person who is a public authority
15in respect of the taking of action in connection with fraud against a public
authority.

Section 117

SCHEDULE 9 Bank of England oversight of payment systems

Part 1 20Extension of Bank of England oversight of payment systems

1 The Banking Act 2009 is amended as follows.

2 In the heading to Part 5 (inter-bank payment systems) omit “Inter-bank”.

3 In section 181 (overview) for “payments between financial institutions”
substitute “transferring money”.

4 (1) 25Section 182 (interpretation: “inter-bank payment system”) is amended as
follows.

(2) In subsection (1)—

(a) omit “inter-bank”;

(b) omit the words from “between financial institutions” to the end.

(3) 30After subsection (1) insert—

“(1A) But “payment system” does not include any arrangements for the
physical movement of cash.”

(4) Omit subsections (2) and (3).

(5) In subsection (5) for “an inter-bank” substitute “a”.

(6) In the heading omit “inter-bank”.

5 In section 183 (interpretation: other expressions), in paragraph (a) for “an
inter-bank” substitute “a”.

6 (1) Section 184 (recognition order) is amended as follows.

(2) 5In subsection (1) for “an inter-bank” substitute “a”.

(3) In subsection (2) omit “inter-bank”.

(4) In subsection (3) for “an inter-bank” substitute “a payment”.

7 In section 185 (recognition criteria), in subsection (1) for “an inter-bank”
substitute “a”.

8 10In section 186A (amendment of recognition order), in subsections (2)(b) and
(4), omit “inter-bank”.

9 In section 187 (de-recognition), in subsections (2), (3)(b) and (5), omit “inter-
bank”.

10 In section 188 (principles), in subsection (1) omit “inter-bank”.

11 15In section 189 (codes of practice) omit “inter-bank”.

12 In section 190 (system rules), in subsection (1) omit “inter-bank”.

13 In section 191 (directions), in subsection (1) omit “inter-bank”.

14 In section 192 (role of FCA and PRA), in subsections (2)(a) and (b) and (3),
omit “inter-bank”.

15 20In section 193 (inspection), in subsections (1) and (2), omit “inter-bank”.

16 In section 194 (inspection: warrant), in subsection (1)(a) omit “inter-bank”.

17 In section 195 (independent report), in subsection (1) omit “inter-bank”.

18 In section 196 (compliance failure) omit “inter-bank”.

19 In section 197 (publication), in subsection (1) omit “inter-bank”.

20 25In section 198 (penalty), in subsection (1) omit “inter-bank”.

21 In section 199 (closure), in subsection (2) omit “inter-bank”.

22 In section 200 (management disqualification), in subsections (1) and (2), omit
“inter-bank”.

23 In section 201 (warning), in subsection (1) for “an inter-bank” substitute “a”.

24 30In section 202A (injunctions), in subsections (2)(a) and (3)(a), omit “inter-
bank”.

25 In section 203 (fees), in subsection (1) omit “inter-bank”.

26 In section 204 (information), in subsections (1A), (2) and (4)(c), omit “inter-
bank”.

27 35In section 205 (pretending to be recognised), in subsection (1) omit “inter-
bank”.

28 In section 206A (services forming part of recognised inter-bank payment
system), in subsections (1), (2) and (7)(a) and in the heading, omit “inter-
bank”.

29 In section 259 (statutory instruments), in the Table in subsection (3)—

(a) 5in the heading for the entries in Part 5, omit “Inter-bank”;

(b) in the entry for section 206A, in the second column omit “inter-bank”.

30 In section 261 (index of defined terms), in the Table—

(a) omit the entry for “Inter-bank payment system”;

(b) at the appropriate place insert—

Part 2 Consequential amendments

Financial Services Act 2012

31 The Financial Services Act 2012 is amended as follows.

32 (1) 15Section 68 (cases in which Treasury may arrange independent enquiries) is
amended as follows.

(2) In subsection (3), in paragraphs (a) and (b)(ii), omit “inter-bank”.

(3) In subsection (5), in the definition of “recognised inter-bank payment
system”—

(a) 20omit the first “inter-bank”;

(b) for “an inter-bank” substitute “a”.

33 In section 85 (relevant functions in relation to complaints scheme), in
subsection (3)(a) omit “inter-bank”.

34 In section 110 (payment to Treasury of penalties received by Bank of
25England), in subsection (5)(d) omit “inter-bank”.

Financial Services (Banking Reform) Act 2013

35 The Financial Services (Banking Reform) Act 2013 is amended as follows.

36 In section 45 (procedure), in subsection (1)(a) omit “inter-bank”.

37 In section 46 (amendment of designation order), in subsection (2)(a) omit
30“inter-bank”.

38 In section 47 (revocation of designation orders), in subsection (3)(a) omit
“inter-bank”.

39 In section 98 (duty of regulators to ensure co-ordinated exercise of
functions), in subsection (5)(b) omit “inter-bank”.

40 35In section 110 (interpretation), in subsection (1), in the definition of
“recognised inter-bank payment system”—

(a) omit the first “inter-bank”;

(b) for “an inter-bank” substitute “a”.

41 In section 112 (interpretation: infrastructure companies), in subsections
(2)(a), (4)(b) and (5), omit “inter-bank”.

42 In section 113 (interpretation: other expressions), in subsection (1)—

(a) in the definition of “operator” omit “inter-bank”;

(b) 5in the definition of “recognised inter-bank payment system”—

(i) omit the first “inter-bank”;

(ii) for “an inter-bank” substitute “a”;

(c) in the definition of “the relevant system”, in paragraphs (a) and (c),
omit “inter-bank”.

43 10In section 115 (objective of FMI administration), in subsection (1) omit “inter-
bank”.

44 In section 120 (power to direct FMI administrator), in subsection (8) omit
“inter-bank”.

45 In section 127 (interpretation of Part 6), in subsection (1), in the definition of
15“operator” and in the definition of “recognised inter-bank payment system”,
omit “inter-bank”.