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Access fees
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11. (1) In this section—
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“access fee” means a charge or fee, for the use by individuals and SMEs of an ATM in the State to withdraw cash, imposed by an ATM operator who is not the provider of the relevant account from which the cash is withdrawn;
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“relevant account” means an account that—
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(a) facilitates the withdrawal of cash from an ATM in the State, and
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(b) is provided to an individual or SME by an entity that is authorised in a Member State (including the State) to provide financial services.
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(2) The Minister may, following consultation with the Bank, make regulations—
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(a) prohibiting the charging of an access fee, or
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(b) prescribing the maximum access fee which may be charged,
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where—
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(i) the withdrawal concerned is from a relevant account, and
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(ii) the Minister is satisfied that regulations are necessary to ensure that—
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(I) access to cash by individuals and SMEs and the affordability for them of such access is not impaired by reason of—
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(A) there being an access fee, or
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(B) the level of any access fee charged being such as to act as a disincentive to their seeking to access cash by the withdrawal of cash from ATMs,
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and
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(II) financial inclusion is not impaired.
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(3) Subsection (2) is without prejudice to the imposition of charges or fees relating to currency conversion.
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