PART 4Access to payment accounts
Refusal of application25
1
A designated credit institution must refuse to open a payment account with basic features for a consumer where it would be unlawful for it to do so, including where opening the account —
a
would be contrary to the Fraud Act 200622
b
would be contrary to F1the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;
c
d
would breach a requirement or limitation imposed by the Authority on the designated credit institution under Part 4A26 (permission to carry on regulated activities) of the Act that prevents it from accepting new customers.
2
A designated credit institution may refuse to open a payment account with basic features where it considers that the consumer’s conduct in relation to the designated credit institution’s staff amounts to the commission of an offence under—
b
the Protection from Harassment Act 199731;
c
section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (threatening or abusive behaviour)32;
d
Article 9 of the Public Order (Northern Ireland) Order 1987 (use of words or behaviour or display of written material)33;
e
the Protection from Harassment (Northern Ireland) Order 199734.
3
Where an application for a payment account with basic features is refused, the designated credit institution must without delay inform the consumer in writing and free of charge of the reason for the refusal if it may lawfully do so.
4
Where notification of the reason for refusal is given, the designated credit institution must advise the consumer of—
a
the procedure for submitting a complaint to it against the refusal;
b
the consumer’s right to make a complaint to the Financial Ombudsman Service; and
c
the designated credit institution’s relevant contact details.