§ 51 — Power of Authority to impose access regime

51.—(1) The Authority may, by order in the Gazette, impose an access regime in respect of a relevant payment system on one or more of the following persons or classes of persons, on such terms and conditions as the Authority may consider appropriate:(a)

a participant or class of participants of that payment system;

(b)

an operator, or a class of operators, of that payment system;

(c)

a settlement institution or class of settlement institutions of that payment system;

(d)

any other person or class of persons that determines access to that payment system.

(2) In considering whether to impose an access regime under subsection (1) in respect of a relevant payment system, the Authority must have regard to the following matters:(a)

whether the imposition of that access regime would be in the interests of the public;

(b)

the interests of the current participants, operator and settlement institution of that payment system;

(c)

the interests of persons who, in the future, may require or desire access to that payment system;

(d)

such other matters as the Authority may consider to be relevant.

(3) The Authority, in imposing an access regime under subsection (1), must ensure that the access regime is fair and not discriminatory.

—(1) The Authority may, by order in the Gazette, impose an access regime in respect of a relevant payment system on one or more of the following persons or classes of persons, on such terms and conditions as the Authority may consider appropriate:(a)

a participant or class of participants of that payment system;

(b)

an operator, or a class of operators, of that payment system;

(c)

a settlement institution or class of settlement institutions of that payment system;

(d)

any other person or class of persons that determines access to that payment system.

(2) In considering whether to impose an access regime under subsection (1) in respect of a relevant payment system, the Authority must have regard to the following matters:(a)

whether the imposition of that access regime would be in the interests of the public;

(b)

the interests of the current participants, operator and settlement institution of that payment system;

(c)

the interests of persons who, in the future, may require or desire access to that payment system;

(d)

such other matters as the Authority may consider to be relevant.

(3) The Authority, in imposing an access regime under subsection (1), must ensure that the access regime is fair and not discriminatory.