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Returns of Payment Transactions by Payment Settlers (Merchant Acquirers) Regulations 2012

3. Returns of payments.

(1) Subject to these Regulations, every merchant acquirer who makes a payment to a merchant in settlement of payment card transactions in the year 2010 or a subsequent year, shall make and deliver to the Commissioners, within the time specified in Regulation 4, a return of all such payment card trans actions, or the aggregate of the payment card transactions, in the year concerned by the merchant acquirer.

(2) The return referred to in paragraph (1) shall include, as respects–

(a) the merchant acquirer, the details set out in paragraph (3),

(b) each merchant to whom the merchant acquirer makes a payment to which paragraph (1) relates, the details set out in paragraph (4), and

(c) the amount of the payment card transaction, or the aggregate of the payment card transactions, made by the merchant acquirer to the merchant, the details of which are set out in paragraph (5) or (6).

(3) The details relating to the merchant acquirer to be provided by him or her are as follows:

(a) name;

(b) address;

(c) tax reference number.

(4) The details relating to the merchant acquirer to be provided by him or her are as follows:

(a) the reference number used by the merchant acquirer to identify the merchant;

(b) name;

(c) address;

(d) any trading name used in dealings with the merchant acquirer;

(e) any email address and website used in connection with dealings between the merchant and the merchant acquirer;

(f) name of any duly designated contact person and telephone number used in connection with dealings between the merchant and the mer chant acquirer;

(g) the unique reference code assigned to the merchant by the merchant acquirer to identify the principal nature of the merchant’s business;

(h) whether or not online or internet trading has occurred during the calendar year concerned that relates to the contractual obligation of the merchant acquirer to make payments to the merchant;

(i) where payment card transactions with the merchant acquirer first commenced after 1 January 2010, the date from which such transactions so commenced;

(j) where payment card transactions with the merchant acquirer ceased on or after 1 January 2010, the date from which payment card trans actions so ceased;

(k) the number of terminals provided to the merchant by the merchant acquirer which are subject to a rental or lease agreement on the last day of the year to which the return relates;

(l) the bank account number of the merchant and national sort code relating to that bank account to and from which funds are transferred by the merchant acquirer;

(m) the number to which Regulation 5(1) relates.

(5) Subject to paragraph (6), the details required for each payment card transaction are–

(a) the amount, and

(b) the fees associated with the transaction.

(6) Subject to paragraph (7), a merchant acquirer may provide the following information, broken down on a monthly basis, in place of that required in paragraph (5)–

(a) the aggregate monetary amount, net of refunds, attributable to payment card transactions before deducting any fees,

(b) the fees which relate to the amount referred to in paragraph (a), and

(c) the aggregate monetary amount of refunds attributable to payment card transactions before deducting any fees.

(7) Where the information included in a return is made in accordance with paragraph (6), an authorised officer may at any time thereafter serve a notice on the merchant acquirer requiring the submission of a further return within 14 days from the date of the notice, in respect of a merchant specified in the notice, setting out the details specified in paragraph (5) by reference to the period of the return, or a shorter period or periods.

(8) Where a reportable payment transaction is made in a currency other than the euro, the payment shall be stated as the euro amount for which it might reasonably be exchanged by persons dealing at arm’s length.