Payment Services Regulations 2017—scope
Produced in partnership with CMS
Payment Services Regulations 2017—scope

The following Financial Services guidance note Produced in partnership with CMS provides comprehensive and up to date legal information covering:

  • Payment Services Regulations 2017—scope
  • Background to the Payment Services Regulations 2017
  • Who the PSRs 2017 cover?
  • What is a 'payment service'?
  • What is not a 'payment service'?
  • Requirements for those relying on the limited network and electronic communications exclusions
  • What is a 'payment account'?
  • What is a 'payment transaction'?
  • What is a 'payment instrument'?

Background to the Payment Services Regulations 2017

The Payment Services Regulations 2017, SI 2017/752 (PSRs 2017) transposed the recast PSD2 (Directive 2015/2366/EU) into national law on 13 January 2018 and largely came into force on that date. The PSRs 2017 replaced the Payment Services Regulations (SI 2009/209) (PSRs), which itself transposed the original Payment Services Directive (PSD) (Directive 2007/64/EC). The PSD was intended to regulate payment services providers (PSPs) and harmonise the payments sector within the EU.

Advances in payments systems outstripped the regulatory capacity of the PSD and a PSD2 was published in the Official Journal of the EU on 23 December 2015 (here). PSD2 came into force on 13 January 2016 and had to be implemented by Member States by 13 January 2018. The PSD was repealed with effect from that date. The government’s approach to transposing PSD2 was to copy-out the directive, while looking to take advantage of derogations, and ensuring that the exemptions from the PSD carry across to the PSD2 where appropriate. This will help to minimise the impacts on affected businesses, while ensuring that consumers benefit from the protections and rights that the PSD2 puts in place.

For further information on PSD2, see Practice Notes: Payment Services Directive 2 (PSD2)—one minute guide and The regulation of payment services providers—essentials.

As well at the above-mentioned Practice Notes