Section 23(2)

Where— the relevant funds are such amount as may be reasonably estimated, on the basis of historical data and to the satisfaction of the FCA, to be representative of the portion attributable to the execution of the payment transaction. only a portion of the sums referred to in paragraph (1)(a) or (b) is to be used for the execution of a payment transaction (with the remainder being used for non-payment services); and the precise portion attributable to the execution of the payment transaction is variable or unknown in advance,

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Source: legislation.gov.uk · retrieved 2026-09-04