SCHEDULES

SCHEDULE 4The Payment Systems Regulator

Penalty receipts

I1C1C210

1

The Regulator must in respect of each of its financial years pay to the Treasury its penalty receipts after deducting its enforcement costs.

2

The Regulator's “penalty receipts” in respect of a financial year are any amounts received by it during the year by way of penalties imposed under section 73.

3

The Regulator's “enforcement costs” in respect of a financial year are the expenses incurred by it during the year in connection with—

a

the exercise, or consideration of the possible exercise, of any of its enforcement powers in particular cases, or

b

the recovery of penalties imposed under section 73.

4

For the purposes of sub-paragraph (3) the Regulator's enforcement powers are—

a

its powers under sections 72 to 75;

b

its powers under any other enactment specified by the Treasury by order;

c

its powers in relation to the investigation of relevant offences;

d

its powers in England and Wales or Northern Ireland in relation to the prosecution of relevant offences.

5

In sub-paragraph (4) “relevant offences” means—

a

offences under this Part;

b

any other offences specified by the Treasury by order.

6

The Treasury may give directions to the Regulator as to how it is to comply with its duty under sub-paragraph (1).

7

The directions may in particular—

a

specify descriptions of expenditure that are, or are not, to be regarded as incurred in connection with either of the matters mentioned in sub-paragraph (3),

b

relate to the calculation and timing of the deduction in respect of the Regulator's enforcement costs, and

c

specify the time when any payment is required to be made to the Treasury.

8

The directions may also require the Regulator to provide the Treasury at specified times with specified information relating to—

a

penalties that the Regulator has imposed under section 73, or

b

the Regulator's enforcement costs.

9

The Treasury must pay into the Consolidated Fund any sums received by them under this paragraph.