[F1Information society servicesU.K.
72A.—(1) There is excluded from this Part any activity consisting of the provision of an information society service from an EEA State other than the United Kingdom.
[F2(1A) For the purposes of paragraph (1), “activity” includes regulated claims management activities of a kind specified by articles 89G to 89M.]
(2) The exclusion in paragraph (1) does not apply to the activity of effecting or carrying out a contract of insurance as principal, where [F3the insurance falls within the scope of the Solvency 2 Directive.]
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(3) The exclusion in paragraph (1) does not apply to an activity carried on by a person (“P”) if—
(a)the FCA has given a final notice to P under section 390 of the Act, as applied by regulation 11C of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002, in relation to that activity; and
(b)a determination made by that notice is in effect.]]
Textual Amendments
F1Art. 72A inserted (21.8.2002) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2002 (S.I. 2002/1776), arts. 1, 2
F2Art. 72A(1A) inserted (E.W.S.) (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), art. 1(2)(3), 6
F3Words in art. 72A(2) inserted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 11(4)(b)
F4Art. 72A(2)(a)(b) omitted (1.1.2016) by virtue of The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 11(4)(a)
F5Art. 72A(3) inserted (24.3.2015) by The Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 2015 (S.I. 2015/852), arts. 1(2), 3