The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023

PART 1 General

Citation, commencement and extent

1.—(1) This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023.

(2) This Order comes into force—

(a) on the day after the day on which this Order is made for the purpose of enabling the FCA to make rules and to give guidance;

(b) on the day four months after the day on which it is made, for all other purposes.

(3) This Order extends to England and Wales, Scotland and Northern Ireland.

Interpretation

2.  In this Order—

“the Act” means the Financial Services and Markets Act 2000;

“Financial Promotion Order” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005(1);

“qualifying cryptoasset” has the meaning given by paragraph 26F (qualifying cryptoassets) of Schedule 1 to the Financial Promotion Order;

“registered person” means a person who is—

(a)

a cryptoasset exchange provider or custodian wallet provider, as defined in regulation 14A (cryptoasset exchange providers and custodian wallet providers) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017(2);

(b)

included on the register maintained by the FCA pursuant to regulation 54(1A)(3) (duty to maintain registers of certain relevant persons) of those regulations; and

(c)

not an authorised person.

(1)

S.I. 2005/1529; relevant amending instruments are S.I. 2005/3392, 2010/905, 2011/1265, 2013/1881, 2014/366, 2016/392, 2017/488, 2019/1361, 2021/90.

(2)

S.I. 2017/692. Regulation 14A was inserted by S.I. 2019/1511. There are other amending instruments but none is relevant.

(3)

Regulation 54 was amended by S.I. 2019/1511.