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Amendment of section 33A of Act of 2010
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7. Section 33A (inserted by section 12 of the Act of 2018) of the Act of 2010 is amended—
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(a) in subsection (1)—
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(i) in subparagraph (ii) of paragraph (a), by the substitution of “€150” for “€250”,
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(ii) by the substitution of the following paragraph for paragraph (b):
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“(b) the monetary value that may be stored electronically on the payment instrument concerned does not exceed €150,”,
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(iii) in paragraph (e), by the deletion of “and”,
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(iv) in paragraph (f), by the substitution of “€50, and” for “€100.”, and
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(v) by the insertion of the following paragraph after paragraph (f):
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“(g) the transaction concerned is not a remote payment transaction (within the meaning of Article 4 of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 20153
on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No. 1093/2010, and repealing Directive 2007/64/EC) of an amount exceeding €50.”,
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and
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(b) by the insertion of the following subsections after subsection (2):
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“(3) A credit institution or financial institution acting as an acquirer shall not accept a payment carried out with an anonymous prepaid card issued in a state other than a Member State unless the payment instrument concerned complies with the requirements of subsections (1) and (2).
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(4) A person who fails to comply with subsection (3) commits an offence and is liable—
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(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
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(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.”.
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3 OJ No. L337, 23.12.2015, p.35 |
