ATCS 8.1 Required cash access services
Provision
- (1)
1Where a cash access assessment compliant with ATCS 5 is undertaken by a designated coordination body, each of the participating designated firms for whom the body undertook the assessment must provide or procure the provision of the required cash access services in the manner set out under ATCS 5.5.2R for at least 2 years.
- (2)
Where a cash access assessment compliant with ATCS 5 is undertaken by a designated firm, it must provide or procure the provision of the required cash access services in the manner set out under ATCS 5.5.2R for at least 2 years.
- (3)
The required cash access services that a designated firm must provide under (1) or (2) relate to the relevant current accounts it provides to its customers.
- (4)
Any required cash access services that relate to relevant personal current accounts must be provided free of charge.
- (5)
A balance enquiry service must be available alongside any required cash access service that is a cash withdrawal service.
- (1)
1A designated firm has to provide or procure the provision of the required cash access services for its own customers.
- (2)
A designated firm is not required to alter its practices, policies or procedures with respect to the offering or opening of relevant current accounts. If, for example, it does not offer relevant current accounts to businesses, it does not have to start doing so.
- (3)
A designated firm may be able to establish that it is already meeting the requirements in ATCS 8.1.1R through an existing cash access facility, such as one of its branches. Alternatively, a designated firm may be able to meet these requirements by making modifications at an existing cash access facility.
- (4)
It may be economic and efficient for designated firms to deliver the required cash access services through shared facilities, such as a banking hub or a shared automatic teller machine, rather than through individual facilities (subject to compliance with any applicable legal or regulatory requirements, including competition law).
- (5)
This sourcebook does not prescribe the arrangements for enhancing or installing any cash access facilities through which the required cash access services may be provided. But designated firms will need to ensure that any necessary arrangements are in place so that they are in a position to comply with ATCS 8.1.1R.
- (6)
Designated firms should also consider any other applicable law. This includes, but is not limited to, equalities legislation such as the Equality Act 2010 or equivalent legislation in Northern Ireland. See ATCS 5.5.3G(3) on the duty to make reasonable adjustments.
- (7)
ATCS 8.1.1R does not preclude the provision of other services at the cash access facilities that will be used to deliver the required cash access services.
- (8)
The rules are neutral as to the legal model for the provision of the required cash access services. So, they may be provided directly by a designated firm, or through its agent, or procured through a third party who provides a service as principal.
Consistency of service
1When a designated firm is deciding on the type of cash access facility to be used to deliver required cash access services, it must take reasonable account of whether the facility will provide consistency in delivery of the cash access services during its stated opening hours.
1Where a designated firm proposes to provide required cash access services through an agent or procure them through a third party acting as principal, it may want to consider entering into appropriate arrangements with regard to consistency of service in order to evidence compliance with ATCS 8.1.3R.
Use of cashback
1A cash withdrawal service of the type falling within paragraph 2(e) of Schedule 1 to the Payment Services Regulations (cashback with a purchase) must not be relied on to deliver any required cash access services under ATCS 8.1.1R.
- (1)
1A cashback facility providing a cash withdrawal service of the type falling within paragraph 3 of Schedule 1 to the Payment Services Regulations (cashback without a purchase) can be a useful source of cash. However, it will not enable compliance with ATCS 8.1.1R(5) if a balance enquiry service is not also available.
- (2)
Consistency of service may be an issue for cashback without a purchase if, for example, provision is up to the discretion of the retailer. It may also be dependent on the availability of cash in the retailer’s till, which in turn may be reliant on other business of the retailer and subject to particular stress if the service is relied on as the sole cash withdrawal service in an area.
- (3)
Cashback without a purchase should therefore generally be regarded as contributing a cash withdrawal service which is supplementary to other cash withdrawal services, unless it can be demonstrated that it will provide consistency of service during stated opening hours.
Timing
1Where the requirement for a cash access assessment was triggered under ATCS 4.1.1R(1) (concerning closures of designated firms) or ATCS 4.1.1R(2) (concerning closures of persons other than designated firms) as a result of a decision of a designated firm to close a cash access facility or to cease, reduce or change provision of a cash access service (including a service procured through a third party), the designated firm must not implement the closure, cessation, reduction or change until the following conditions are satisfied:
- (1)
a cash access assessment has been completed by the designated firm, or by a designated coordination body where ATCS 4.2.1R is relied on, in accordance with ATCS 5;
- (2)
the information in respect of the relevant cash access assessmenthas been published under ATCS 6.1.1R;
- (3)
any review under ATCS 9 in respect of the relevant cash access assessment has been completed and any requirements in ATCS 9.2.3R satisfied; and
- (4)
the requirements in ATCS 8.1.1R(1) are being met by each participating designated firm or the requirements in ATCS 8.1.1R(2) are being met by the designated firm (as appropriate) in respect of any required cash access services resulting from the relevant cash access assessment.
1Where the requirement for a cash access assessment was triggered under ATCS 4.1.1R(1) (concerning closures of designated firms) or ATCS 4.1.1R(2) (concerning closures of persons other than designated firms), the requirements of ATCS 8.1.1R must be met by each designated firm without unreasonable delay, and in any event (save in exceptional circumstances):
- (1)
within 3 months of the later of:
- (a)
publication of the information under ATCS 6.1.1R in respect of the relevant cash access assessment; or
- (b)
completion of any review under ATCS 9 in respect of the relevant cash access assessment and satisfaction of any requirements in ATCS 9.2.3R; or
- (a)
- (2)
if later, by the time the relevant closure takes place.
1Where the requirement for a cash access assessment was triggered under ATCS 4.1.1R(3) (concerning cash access requests), the requirements of ATCS 8.1.1R must be met by each designated firm without unreasonable delay, and in any event (save in exceptional circumstances) within 3 months of the later of:
- (1)
publication of the information under ATCS 6.1.1R in respect of the relevant cash access assessment; or
- (2)
completion of any review under ATCS 9 in respect of the relevant cash access assessment and satisfaction of any requirements in ATCS 9.2.3R.
1The review process in ATCS 9 will be taken into account in considering what constitutes a reasonable delay under ATCS 8.1.8R and ATCS 8.1.9R.
Closures: change of circumstances
1The requirements in ATCS 8.1.1R do not have to be met:
- (1)
in the case of a cash access assessment triggered under ATCS 4.1.1R(1) (concerning closures of designated firms), where any notification has been given under ATCS 2.1.4R that the relevant closure will no longer happen; or
- (2)
in the case of a cash access assessment triggered under ATCS 4.1.1R(2) (concerning closures of persons other than designated firms), where any notification has been given under ATCS 2.2.4R that the relevant closure will no longer happen.
Trials
1Where cash access services are provided for a trial period in accordance with a cash access assessment, the designated person who undertook it must, as soon as reasonably practicable following completion of the trial period, update it in a manner that is compliant with ATCS 5 in light of the lessons learnt from the trial.
1Where a cash access assessment is updated under ATCS 8.1.12R:
- (1)
ATCS 8.1.1R applies as if references to a cash access assessment are to the updated cash access assessment;
- (2)
the requirements of ATCS 8.1.1R must be met without unreasonable delay and in any event (save in exceptional circumstances) within 3 months of the later of:
- (a)
publication of the updated information under ATCS 6.1.5R in respect of the relevant cash access assessment; or
- (b)
completion of any review under ATCS 9 in respect of the updated cash access assessment and satisfaction of any requirements in ATCS 9.2.3R.
- (a)
1Where cash access services are provided for a trial period in accordance with a cash access assessment, the requirements of ATCS 8.1.1R must continue to be met with respect to the required cash access services being trialled until:
- (1)
the designated person who undertook the cash access assessment has complied with ATCS 8.1.12R and ATCS 6.1.5R following completion of the trial;
- (2)
any review under ATCS 9 in respect of the updated cash access assessment has been completed and any requirements in ATCS 9.2.3R satisfied; and
- (3)
the requirements of ATCS 8.1.1R are being met in respect of any required cash access services resulting from the updated cash access assessment, whether they are the same cash access services as those being trialled or different.
- (1)
The effect of ATCS 8.1.13R(1) is that the minimum period for provision under ATCS 8.1.1R(1) or ATCS 8.1.1R(2) will apply to the required cash access services resulting from the updated cash access assessment, even if some of them were provided as part of the trial.
- (2)
The effect of ATCS 8.1.14R is that if, following completion of a trial, an updated cash access assessment compliant with ATCS 5 does not identify any additional cash access services under ATCS 5.5.1R, the trialled cash access services may cease to be provided at the time indicated in ATCS 8.1.14R(1) and ATCS 8.1.14R(2) without being replaced, subject to any need to undertake a further cash access assessment and the consequent application of ATCS 8.1.7R (see (4) and (5) below).
- (3)
ATCS 5.5.5G states that it should only be concluded in very exceptional cases where a cash access assessment has reached step 3 that it is not reasonable for any additional cash access services to be provided.
- (4)
Cessation, reduction or change in provision of trialled cash access services in the circumstances referred to in (2), or otherwise under ATCS 8.1.14R, is not a relevant closure in relation to additional cash access services that were put in place for the trial, as long as the condition as to timing in paragraph (f) of the Glossary definition of relevant closure is met (ie, the cessation, reduction or change takes place within 2 years of the services being put in place).
- (5)
Cessation, reduction or change in provision of trialled cash access services could however be a relevant closure if it relates to an existing cash access service relied on to meet the requirements of ATCS 8.1.1R for the trial (see further ATCS 8.1.2G(3)). If it would be a relevant closure and none of the exceptions in ATCS 4.1 apply, a further cash access assessment would need to be undertaken and ATCS 8.1.7R would apply.