FCA Handbook - ATCS 1 Introduction

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Guidance

Rules

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ATCS 1.1 Purpose

(1)
This sourcebook sets out rules and guidance in the service of the FCA’s purpose under Part 8B of the Act of seeking to ensure reasonable provision of cash access services in the UK or a part of the UK.
(2)
The purpose in (1) includes seeking to ensure reasonable provision of cash access services which are free of charge in relation to relevant personal current accounts.

ATCS 1.2 Application

Who?

This sourcebook applies to:

(1)
a designated firm; and
(2)
a designated coordination body.

What?

(1)
This sourcebook applies as described in its rules.
(2)
The rules in this sourcebook are made under the FCA’s powers in section 131V (as well as section 137T, as applied by section 131V, and section 138D) of the Act. GEN 2.2.17R is accordingly not applicable.

Where?

Where rules in this sourcebook require a designated person to do or refrain from doing anything, the designated person is required to do or refrain from doing that thing in relation to:

(1)
the UK, if it is designated by the Treasury pursuant to section 131R of the Act in relation to the whole of the UK; or
(2)
the part of the UK in relation to which it is designated by the Treasury pursuant to section 131R of the Act.

ATCS 1.2.3R applies to the entire ATCS sourcebook. This means that where a designated firm is designated in relation to only part of the UK, it will not, for example, be required by any rules in the sourcebook to:

(1)
make any notifications in relation to areas outside that part;
(2)
undertake cash access assessments for areas outside that part;
(3)
provide required cash access services outside that part; or
(4)
publish any information for areas outside that part.

Where rules in this sourcebook require a designated person to give notification of a matter to another designated person, the notification must be given to a designated person who is designated by the Treasury pursuant to section 131R of the Act in relation to the part of the UK to which the matter relates.

The effect of ATCS 1.2.5R is that where, for example, a designated firm is required to give notification under ATCS 2.1.1R of a relevant closure of one of its cash access facilities in Great Britain to another designated person, it must give that notification to a designated person who is designated in relation to the UK or Great Britain.

Where rules in this sourcebook permit a designated coordination body to take an action required by the rules for its participating designated firms, the body may only take such action if it relates to a part of the UK in relation to which it is designated by the Treasury pursuant to section 131R of the Act.

ATCS 1.3 Interpretation

References to ‘businesses’ in this sourcebook should be interpreted broadly, to include, for example, charity shops.

ATCS 1.4 Data protection

Where any rules in this sourcebook impose requirements on a designated person to publish information, the designated person must first redact all personal data contained therein.

(1)
Designated persons should comply with all applicable data protection legislation.
(2)
Designated persons should refer to data protection legislation to establish what constitutes ‘personal data’.

ATCS 1.5 Publication of information

This sourcebook contains various rules requiring designated persons to publish information in an easily accessible place on their websites. The FCA would view the information as ‘easily accessible’ if the information, or a link to the webpage(s) on which the information is published, is prominently displayed:

(1)
in the case of a designated firm, on its (or the relevant brand’s) homepages for relevant current accounts; and
(2)
in the case of a designated coordination body, on a homepage dealing with its role in relation to access to cash.

ATCS 1.6 Actions for damages

A contravention of the rules in this sourcebook does not give rise to a right of action by a private person under section 138D of the Act (and each of those rules is specified under section 138D(3) of the Act as a provision giving rise to no such right of action).

ATCS 1.7 Regular reporting

See SUP 16.32 for rules and guidance on regular data reporting by designated firms on access to cash.

ATCS 1.8 Other applicable requirements

When undertaking activities in connection with this sourcebook, a designated person should continue to follow any other legal or regulatory requirements as applicable, including equality and anti-discrimination law, consumer protection law, competition law and other Handbook provisions.