The Analysis News & Opinions
Regulator sets out decision on reducing interbank risks
The successful renewal of the UK’s
interbank payments infrastructure will benefit people and businesses but risks to its successful delivery need to be reduced. The Payment Systems Regulator (PSR)
has decided that
Pay.UK should phase the development of the UK’s New Payments Architecture (NPA)by narrowing the scope of the NPA central infrastructure services (CIS) contract.
Pay.UK must secure this contract through
a competitive tender. The regulator is also consulting on the draft legal instruments it plans to give to implement its decisions. The NPA is the payment industry’s
proposed way of organising the clearing and settlement of most interbank payments in the future, including those that currently use Bacs and Faster Payments. Interbank payments, payments made from
one bank account to another, are essential to the day-to-day lives of millions and the functioning of the UK’s economy. Chris Hemsley, the PSR’s managing
director, said: “We want the UK’s interbank payment systems to serve the diverse and evolving needs of everyone who uses them for many years to come. “The NPA is a great opportunity to meet
growing demand for digital payments, bolster resilience and boost competition. “It will help deliver improved services that
benefit people and businesses throughout the UK, like better payment tracking and the ability to send more information with payments. “The decisions we set out today will help
lower risks to the delivery of the NPA by simplifying the programme. This will make it easier for
Pay.UK to secure a contract that provides value for money and enables some NPA benefits to be realised sooner.”
Pay.UK, the operator of Bacs and Faster
Payments, is responsible for delivering the NPA. This includes procuring NPA CIS. Earlier this year, the PSR reached the
view that there are unacceptably high risks that the NPA programme being operated by
Pay.UK will not provide value for money
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and could delay or prevent the delivery of the benefits of the NPA. These risks prompted the PSR to consult
in February on requiring
Pay.UK to phase the development of the NPA by narrowing the scope of the CIS contract. The PSR also asked for views on the approach to the procurement. Having considered the responses, the PSR
will require
Pay.UK to narrow the scope of the CIS contract by mandating that
Pay.UK: lMust, as a minimum, buy services needed to support single-push payments (which will allow most Faster Payments transactions to migrate to the NPA). l May buy additional services and system functionality only if the PSR does not object (which will include taking account of the adequacy of
Pay.UK’s consultation with industry on its proposals) The obligation on
Pay.UK to carry out a competitive procurement will remain.
Pay.UK can discharge this obligation by continuing the current competitive procurement or starting a new one. To implement these decisions, the PSR
intends to vary Specific Directions (SDs) 2 and 3. These require
Pay.UK to run a competitive procurement for the contract to supply central infrastructure for Bacs and Faster Payments respectively. The regulator will consult until 10
September 2021 on the changes it proposes to make to SDs 2 and 3 to implement its decisions. Having considered views, the PSR plans
to give the directions to vary SDs 2 and 3 later this year. In addition, the PSR plans to publish a
separate policy statement by the end of this year that sets out its regulatory framework for the NPA, informed by feedback following its consultation on mitigating risks to competition and innovation relating to when the NPA is operational.
New enforcement oversight supported
The High Court Enforcement Officers Association is backing the creation of a new enforcement oversight body proposed by the Centre for Social Justice (CSJ). In a new report entitled ‘Taking Control
for Good’, the CSJ has announced plans for a new body – the Enforcement Conduct Authority (ECA), which would provide independent, fair and formal supervision of enforcement. Alan J. Smith, chair of the High Court
Enforcement Officers Association, said: “We already have a Code of Best Practice which our members are expected to adhere to, so this is a logical next step. It is great that the whole concept and remit of the proposed Enforcement Conduct Authority has been co-designed by the debt relief sector,
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working together alongside the CSJ and the enforcement profession. We are very supportive.” “As an association, we support the aims of
the ECA and will continue to work with the CSJ on the ECA project alongside other voices from the debt relief sector and enforcement profession.”
August 2021
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