The Financial Services and Markets Act 2000 (Regulated Activities) Order 20013

In article 72A (information society services) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 200112, after paragraph (2), insert—

3

The exclusion in paragraph (1) does not apply to an activity carried on by a person (“P”) if—

a

the FCA13 has given a final notice to P under section 390 of the Act14, as applied by regulation 11C of the Electronic Commerce Directive (Financial Services and Markets) Regulations 200215, in relation to that activity; and

b

a determination made by that notice is in effect.