EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (S.I. 2002/1775). Article 2 of this Order makes provision about persons who carry out certain consumer credit related activities and direct all or most of their activity to the United Kingdom market, but do so from another country in the European Economic Area in order to avoid certain regulatory requirements. Where the Financial Conduct Authority is satisfied that this is the case it may impose new regulatory requirements upon that person (new regulations 11A and 11B). The Authority may also determine that the person requires authorisation under the Financial Services and Markets Act 2000 in order to carry on the activity (new regulation 11C).

Article 3 of this Order also makes a consequential amendment to the Financial Services and Markets 2000 (Regulated Activities) Order 2001 (S.I. 2001/554).

An impact assessment has not been produced for this instrument as no impact on the costs of business or the voluntary sector is foreseen.