Schedule 9: Wholesale cash distribution Part 3 – Consequential amendments
Part 3 of this Schedule makes consequential amendments to the Banking Act 2009 which are needed as a result of the amendments in Part 1 of this Schedule.
	Paragraph 10 introduces amendments to Banking Act 2009.
	Paragraph 11 amends the table contained at section 259(3) of the Banking Act 2009 by adding four new rows and three columns in a table with the heading (Part 5A-Wholesale cash distribution) to continue the table after 206A (services forming part of recognised payment systems). This table sets out the procedures as follows: in the first row under the heading, where the Bank of England issues directions: immunity under section 206M this should be done following the negative resolution procedure. In the second row, section 206Z for fees should follow the negative resolution procedure. In the third row which is for information powers, the negative resolution is followed and where section 206Z6 which is the power to disapply regulation and enforcement provisions, the draft affirmative resolution is followed.
	Paragraph 12 makes some changes to the index of defined terms to be found under section 261 of the Banking Act 2009. The row where "FCA" appears under the expression column, section 206F is added after 183 to include it in the index of defined terms which should read "3, 93, 166, 183 & 206F]". In the entry for "Payment Systems Regulator" in the second column section 206F is added after so that it reads "183 & 206F). At (c), in the row for the PRA in the second column "206F" is also added to read "183 & 206F). This table sets out expressions defined in the Banking Act 2009 for general purposes.
	Paragraph 13 introduces amendments to the Financial Services Act 2012.
	Paragraph 14(1) amends section 85 at subsection (3)(a) of the Financial Services Markets Act 2012 which deals with relevant functions of the Bank of England in relation to the complaints scheme by making wholesale cash distribution a relevant function.
	Paragraph 14(3)(a) adds wholesale cash distribution functions of publishing principles under section (206K) or codes of practice under section 206L as legislative functions in section 85(7) of Banking Act 2009. Paragraph 14(3)(c) makes preparing a statement of principles by the Bank of England under section 206T(3) a legislative function.
	Paragraph 15(1) introduces amendments to section 110 of the Banking Act 2009 which deals with payments to HM Treasury of penalties received by the Bank of England. Paragraph 15(2) amends section 110(2)(b) to add penalties received under new Part 5A section 206T.
	Paragraph 15(3) adds sections 206S to 206V and 206Y to the enforcement powers of the Bank of England for the purposes of section 110(7).
	Paragraph 16 deals with amendments necessary in the Financial Services (Banking Reform) Act 2013. The new Part 5A (wholesale cash distribution) is added to ensure coordinated exercise of functions in section 98.