BCOBS 1

Application

BCOBS 1.1

General application

The general application rule

BCOBS 1.1.1

See Notes

handbook-rule
This sourcebook applies to a firm with respect to the activity of accepting deposits from banking customers carried on from an establishment maintained by it in the United Kingdom and activities connected with that activity.

Limitations on the general application rule

BCOBS 1.1.2

See Notes

handbook-rule
The general application rule is modified in the chapters of this sourcebook for particular purposes.

BCOBS 1.1.3

See Notes

handbook-rule

Except as provided for in BCOBS 1.1.4R, this sourcebook does not apply to:

  1. (1) payment services where Part 5 and 6 of the Payment Services Regulations apply; or
  2. (2) a person or firm which has permission for accepting deposits but only for the purposes of, or in the course of, an activity other than accepting deposits.

BCOBS 1.1.4

See Notes

handbook-rule
  1. (1) Chapters 2, 5 and 6 of BCOBS (except for BCOBS 5.1.11 R to BCOBS 5.1.19 R) apply to payment services where Parts 5 and 6 of the Payment Services Regulations apply.
  2. (2) Chapter 3 of BCOBS applies to payment services where Parts 5 and 6 of the Payment Services Regulations apply with the modifications set out in BCOBS 3.1.2 R(2).
  3. (3) A firm will not be subject to BCOBS to the extent that it would be contrary to the United Kingdom's obligations under an EU instrument.

BCOBS 1.1.5

See Notes

handbook-rule
BCOBS 5.1.13 R does not apply to a credit union.

Exclusion of liability

BCOBS 1.1.6

See Notes

handbook-rule
A firm must not seek to exclude or restrict, or rely on any exclusion or restriction of, any duty or liability it may have to a banking customer unless it is reasonable for it to do so and the duty or liability arises other than under the regulatory system.

BCOBS 1.1.7

See Notes

handbook-guidance
The general law, including the Unfair Terms Regulations, also limits the scope for a firm to exclude or restrict any duty or liability to a consumer.