1. (1)

   1A designated firm has to provide or procure the provision of the required cash access services for its own customers.

2. (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. (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. (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. (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. (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. (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. (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.

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.

1. (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. (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. (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.

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.

1. (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. (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. (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. (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. (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.

1. (1)

   1A designated firm may not be in a position to give a definitive date under ATCS 8.2.2R(8). For example, it may still be negotiating a lease of premises. In such circumstances, the designated firm should provide its best estimate of the date or range of dates, explaining why it is unable at that point to be more definitive.

2. (2)

   Examples of where the published information should be updated are where there has been a review under ATCS 9, where no additional cash access services will be provided as a result of ATCS 8.1.11R or where the cash access assessment has been updated under ATCS 8.1.12R.

1. (1)

   1If the FCA is not satisfied that designated persons have complied with their obligations in this sourcebook, it may exercise its power to direct them under section 131W of the Act or take other appropriate measures for the purpose referred to in ATCS 1.1.1G.

2. (2)

   By way of example, where the FCA considers that a cash access assessment has not been conducted in accordance with ATCS 5, the power of direction may be used to direct:

   1. (a)

      a designated person to undertake a new cash access assessment; or

   2. (b)

      designated firms to provide or procure the provision of additional cash access services of the type and in the manner described in the direction.

1 Designated firms are reminded that the following will continue to apply to their relationships with their customers, as appropriate, including throughout the process of planning or dealing with any relevant closures of their cash access facilities and in the delivery of any cash access services:

1. (1)

   Principle 12 (Consumer Duty) and PRIN 2A (The Consumer Duty); or

2. (2)

   Principle 6 (Customers’ interests) and Principle 7 (Communications with clients), where Principle 12 and PRIN 2A do not apply (for example, because of the type of customer).

1. (1)

   1FG22/6 (Branch and ATM closures or conversions), as updated on 11 October 2022, contains guidance on Principle 6 and Principle 7 in the context of full or partial closures of branches or automatic teller machines, and conversions of such machines from free-to-use to pay-to-use. PRIN 2A.1.17G explains the relevance of such guidance to consideration of firms’ obligations under Principle 12 and PRIN 2A.

2. (2)

   Some notification or publication requirements in this sourcebook may overlap to an extent with expectations in FG22/6. Such requirements are independent of FG22/6, but where appropriate designated firms may be able to comply with a requirement in this sourcebook and meet a potentially overlapping expectation in FG22/6 in the same communication.

1. (1)

   1FG21/1 (Guidance for firms on the fair treatment of vulnerable customers) is relevant to designated firms’ relationships with their customers, including in the delivery of cash access services to them.

2. (2)

   For customers with protected characteristics such as physical or mental health disabilities, designated firms should also be mindful of their duty to make reasonable adjustments for people with disabilities under the Equality Act 2010. In Northern Ireland, where the Equality Act 2010 is not enacted but other anti-discrimination legislation applies, designated firms should ensure that they comply with any applicable legislation.

3. (3)

   Principle 12 and PRIN 2A support existing legal requirements, such as those in the Equality Act 2010 and anti-discrimination legislation in Northern Ireland, by requiring firms to monitor whether any group of retail customers is experiencing different outcomes than other customers and take appropriate action where they do. As set out in FG22/5 (Final non-Handbook Guidance for firms on the Consumer Duty), firms should be able to identify when customers with characteristics of vulnerability or customers who share specific protected characteristics, under the Equality Act 2010 or equivalent legislation, receive systematically poorer outcomes. This may indicate that the firm is not meeting the Consumer Duty for those groups or is breaching its responsibilities under legislation.