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ATCS 2.1 Closures of facilities of designated firms

ATCS 2.1.1 R

1When a cash access facility of a designated firm is the subject of a relevant closure, the designated firm must give notification in writing to:

  1. (1)

    the FCA;

  2. (2)

    any designated coordination body; and

  3. (3)

    any non-participating designated firm.

ATCS 2.1.2 R

1Notification under ATCS 2.1.1R must:

  1. (1)

    in the case of a planned relevant closure, be given as soon as reasonably practicable once the designated firm has made its decision;

  2. (2)

    in the case of an unplanned relevant closure, be given as soon as reasonably practicable once the designated firm is satisfied that it will happen; and

  3. (3)

    give details of the relevant closure, including:

    1. (a)

      the address or location of the cash access facility;

    2. (b)

      details of the specified cash access services that will be lost if it is a full closure, or how they will be impacted if it is not;

    3. (c)

      details of any specified cash access facility features that will be lost if it is a full closure, or how they will be impacted if it is not; and

    4. (d)

      the expected date of the relevant closure, if known.

ATCS 2.1.3 G

1 ATCS 2.1.2R(2) acknowledges that there may be circumstances where events outside a designated firm’s control lead to a relevant closure, such as a decision by a landlord not to renew a lease or the site suffering physical damage.

ATCS 2.1.4 R

1Where a designated firm has given notification under ATCS 2.1.1R but decides or is satisfied at any time thereafter that the relevant closure will no longer happen, it must promptly give notification of the change in writing to the persons set out in ATCS 2.1.1R.

ATCS 2.2 Closures of facilities of persons other than designated firms

ATCS 2.2.1 R

1When a designated person becomes aware of a relevant closure of a cash access facility of a person other than a designated firm as a result of information that is publicly available, it must give notification in writing to:

  1. (1)

    the FCA;

  2. (2)

    any designated coordination body; and

  3. (3)

    any non-participating designated firm.

ATCS 2.2.2 R

1Notification under ATCS 2.2.1R must:

  1. (1)

    be given as soon as reasonably practicable after the designated person becomes aware of the relevant closure as a result of publicly available information; and

  2. (2)

    contain at least the following information, insofar as the designated person is aware of it:

    1. (a)

      the address or location of the cash access facility;

    2. (b)

      the name of the person who operates or operated it; and

    3. (c)

      the expected date of the relevant closure or, if it has already taken place, the approximate date on which it took place.

ATCS 2.2.3 R

1 ATCS 2.2.1R does not apply where another designated person has already provided the required notification under it in respect of the same cash access facility.

ATCS 2.2.4 R

1Where notification has been given under ATCS 2.2.1R and a designated person undertaking a cash access assessment as a result is satisfied at any time on the basis of publicly available information that the relevant closure will no longer happen, it must promptly give notification of the change in writing to the persons set out in ATCS 2.2.1R.

ATCS 2.3 Guidance relating to both types of closure

ATCS 2.3.1 G
  1. (1)

    1The Glossary definition of relevant closure excludes events relating to a cashback facility or a cash delivery or collection service. A retail store where cash access services are provided by or under arrangements with the Post Office would not be regarded as a cashback facility.

  2. (2)

    The definition of relevant closure also excludes events insofar as they relate to cash access services which are not provided free of charge in relation to relevant personal current accounts. The effect is that:

    1. (a)

      if cash access services provided at a cash access facility in relation to relevant personal current accounts are subject to a charge, and other cash access services in relation to relevant personal current accounts are provided free of charge or cash access services are also provided for businesses, the facility is not excluded; and

    2. (b)

      if the only cash access services provided at a cash access facility relate to relevant personal current accounts and these services are all subject to a charge, the facility is excluded.

  3. (3)

    By way of example, the full closure of an automatic teller machine which charges for use would be a relevant closure if businesses can use it to withdraw cash.

  4. (4)

    ATCS 2.1.1R applies to cash access facilities of designated firms so it does not apply where, for example, the relevant closure is a full closure of a Post Office branch. This would fall within scope of ATCS 2.2.1R.

ATCS 2.3.2 G
  1. (1)

    1A relevant closure includes a reduction in cash access services provided at a cash access facility, or a change in the nature of such provision, where the reduction or change is material. Materiality relates to the nature and extent of the reduction or change rather than involving an assessment at this stage of the impact on users of cash access services. For example, a nominal reduction in opening hours from 40 to 39 hours a week should not be treated as material.

  2. (2)

    Reductions or changes which should be regarded as material include:

    1. (a)

      conversion of a free-to-use cash access service provided in relation to relevant personal current accounts to pay-to-use;

    2. (b)

      removal of a counter or a significant reduction in opening hours;

    3. (c)

      removal of the functionality for a reasonable mix of both coins and banknotes to be deposited or withdrawn;

    4. (d)

      loss of or a significant reduction in an assisted cash access service; or

    5. (e)

      withdrawal of a cash access service by a designated firm from a cash access facility through which it provides cash access services alongside other providers.

  3. (3)

    The list in (2) is not exhaustive.