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BCOBS 1.1 General application

The general application rule

BCOBS 1.1.1R

This sourcebook applies to a firm with respect to the activity of accepting deposits from banking customers carried on from an establishment maintained by it in the United Kingdom and activities connected with that activity.

Limitations on the general application rule

BCOBS 1.1.2R

The general application rule is modified:9

  1. (1)

    in the chapters of this sourcebook for particular purposes; and9

  2. (2)

    in BCOBS 1 Annex 1 for certain types of firm in relation to the sale of structured deposits.9

BCOBS 1.1.3R

Except as provided for in BCOBS 1.1.4R, this sourcebook does not apply to:

  1. (1)

    payment services where Parts 6 and 710 of the Payment Services Regulations apply2; or

  2. (2)

    a person or firm which has permission for accepting deposits but only for the purposes of, or in the course of, an activity other than accepting deposits.

BCOBS 1.1.4R
  1. (1)

    Chapters 2, 2A,6 5 and 6 of BCOBS (except for BCOBS 5.1.10AR10 to BCOBS 5.1.19 R) and BCOBS 4.38 apply to payment services where Parts 6 and 710 of the Payment Services Regulations apply2.

  2. (2)

    Chapter 3 of BCOBS applies to payment services where Parts 6 and 710 of the Payment Services Regulations apply 2with the modifications set out in BCOBS 3.1.2 R(2).

  3. (3)

    A firm will not be subject to BCOBS to the extent that it would be contrary to the United Kingdom's obligations under an EU3 instrument.2

    3
BCOBS 1.1.4AG

10Guidance on the application of the Payment Services Regulations can be found in PERG 15.

BCOBS 1.1.5R

2BCOBS 2.2A, BCOBS 4.1.2G(2A) to (2E), (3A), (6A) and (6B),7 BCOBS 4.1.4AG(2)(a), BCOBS 5.1.3AG, BCOBS 5.1.3BG, BCOBS 5.1.5AR, BCOBS 5.1.5BG7 and BCOBS 5.1.13R do not apply to a credit union.

44

Exclusion of liability

BCOBS 1.1.6R

2A firm must not seek to exclude or restrict, or rely on any exclusion or restriction of, any duty or liability it may have to a banking customer unless it is reasonable for it to do so and the duty or liability arises other than under the regulatory system.

BCOBS 1.1.7G

2The general law, including the Unfair Terms Regulations (for contracts entered into before 1 October 2015) and the CRA, 5also limits the scope for a firm to exclude or restrict any duty or liability to a consumer.

Structured deposits

BCOBS 1.1.8G

9A firm that carries on the activity of accepting deposits which are structured deposits should refer to BCOBS 1 Annex 1.