ATCS 4.1 When a cash access assessment must be undertaken

1Subject to ATCS 4.2, each designated firm is responsible for undertaking a cash access assessment in the following circumstances:

1. (1)

   when a notification under ATCS 2.1.1R (concerning closures of designated firms) is received by a designated coordination body in whose cash access coordination arrangements the designated firm participates, or is given or received by it as a non-participating designated firm;

2. (2)

   when a notification under ATCS 2.2.1R (concerning closures of persons other than designated firms):

   1. (a)

      is received by a designated coordination body in whose cash access coordination arrangements the designated firm participates, or is given or received by it as a non-participating designated firm; or

   2. (b)

      (where there is no one else to notify under ATCS 2.2.1R) is given by a designated person to the FCA; and

3. (3)

   in relation to cash access requests:

   1. (a)

      when a notification under ATCS 3.3.6R is received by a designated coordination body in whose cash access coordination arrangements the designated firm participates, or is given or received by it as a non-participating designated firm; or

   2. (b)

      (where there is no one to notify under ATCS 3.3.6R) when a designated person receives the cash access request.

1The cash access assessment must be undertaken in accordance with ATCS 5.

1ATCS 4.1.1R is subject to the exceptions set out in ATCS 4.1.7R to ATCS 4.1.16R.

1Where the requirement for a cash access assessment is triggered under ATCS 4.1.1R, it must be completed:

1. (1)

   as soon as reasonably practicable; and

2. (2)

   save in exceptional circumstances for reasons beyond the control of the designated person undertaking it, within 12 weeks of the notification or other circumstances described in ATCS 4.1.1R as triggering the requirement.

1ATCS 4.1.1R(1) and ATCS 4.1.1R(2) do not apply where the relevant closure relates to one or more automatic teller machines located at the same site provided:

1. (1)

   one or more automatic teller machines will remain at the site after the relevant closure; and

2. (2)

   specified cash access services of the type subject to the relevant closure will continue to be provided along with any specified cash access facility feature subject to the relevant closure through the remaining machine(s) (individually or collectively) 24 hours a day.

1A cash access assessment does not have to be undertaken under ATCS 4.1.1R(1) (or completed, if already begun) where the designated firm whose cash access facility was the subject of the relevant closure gives any notification required by ATCS 2.1.4R.

1A cash access assessment does not have to be undertaken under ATCS 4.1.1R(2) (or completed, if already begun) where any notification required by ATCS 2.2.4R is given with respect to the cash access facility that was the subject of the relevant closure.

1ATCS 4.1.1R(3) does not apply to the extent that a cash access assessment is already being undertaken or has been completed within 1 year prior to receipt of the cash access request (including by way of update or revision under the rules in this sourcebook), which covers:

1. (1)

   the same or substantially the same local area as the one to which the cash access request relates; and

2. (2)

   the specified cash access services and specified cash access facility features covered by the cash access request.

1ATCS 4.1.1R(3) does not apply where the cash access requester has insufficient interest in whether there is reasonable provision of cash access services in the local area to which the cash access request relates.

1Cash access requesters with sufficient interest for the purposes of ATCS 4.1.13R include:

1. (1)

   the FCA;

2. (2)

   the persons referred to in ATCS 5.3.2R;

3. (3)

   persons who regularly visit the local area; and

4. (4)

   authorities, organisations, groups and other persons who represent those in (2) and reasonably seek to advance their interests, or otherwise have a legitimate interest in the outcome of the cash access assessment.

1A cash access assessment does not have to be undertaken under ATCS 4.1.1R(3) (or completed, if already begun) where, prior to its completion, the cash access requester clearly indicates in writing to the designated person to whom they submitted the cash access request in accordance with ATCS 3.1.2R(4) or ATCS 3.1.3R(2) that they are withdrawing it.