The Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 2015

The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

This section has no associated Explanatory Memorandum

3.  In article 72A (information society services) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(1), 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 FCA(2) has given a final notice to P under section 390 of the Act(3), as applied by regulation 11C of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002(4), in relation to that activity; and

(b)a determination made by that notice is in effect.”.

(1)

S.I. 2001/544; article 72A was inserted by S.I. 2002/1776 and amended by S.I. 2004/3379.

(2)

Section 1A(2) of the Financial Services and Markets Act 2000 defines “the FCA” as meaning the Financial Conduct Authority.

(3)

Regulation 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 defines “the Act” as meaning the Financial Services and Markets Act 2000.