The Electronic Commerce and Solvency 2 (Amendment etc.) (EU Exit) Regulations 2019 No. 1361

PART 3 U.K. Amendments relating to electronic commerce

CHAPTER 1 U.K. Amendment of sections 417 and 418 of the 2000 Act

Amendment of sections 417 and 418 of the 2000 Act U.K.

3.  In section 417 of the 2000 Act (definitions)—

(a) in subsection (1), omit the definitions of “electronic commerce directive”, “information society service” and “the Treaty”M1 ;

(b) omit subsection (4) M2 .

Commencement Information

I1 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2019/1390, regs. 1(2), 6)

Marginal Citations

M1 The definitions of “electronic commerce directive” and “information society service” were inserted by S.I. 2002/1775.

M2 Subsection (4) was inserted by S.I. 2002/1775 and amended by S.I. 2012/1809.

4.  In section 418 (carrying on regulated activities in the United Kingdom) of the 2000 Act, omit subsection (5A) M3 .

Commencement Information

I2 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2019/1390, regs. 1(2), 6)

Marginal Citations

M3 Subsection (5A) was inserted by S.I. 2002/1775.

CHAPTER 2 U.K. Amendment of subordinate legislation

Amendment of the 2001 Order U.K.

5.—(1) The 2001 Order is amended as follows.

(2) Omit article 72A M4 (information society services).

(3) In consequence of the amendment made by paragraph (2)—

(a) in articles 9AA, 58A and 60A M5 —

(i) for “exclusions” substitute “ exclusion ”;

(ii) omit “article 72A (information society services) and”;

(iii) in the heading, omit “Information society services and”;

(b) in article 12A M6 —

(i) for “exclusions” substitute “ exclusion ”;

(ii) omit “article 72A (information society services), as qualified by paragraph (2) of that article, and”;

(iii) in the heading, omit “Information society services and”;

(c) in articles 20, 24, 36(1) and (2), 36G, 39, 39C, 44, 50, 55(1) and (2), 60K, 63A, 63E, 63I, 63M and 65 M7 omit “72A (information society services),”;

(d) omit article 36I M8 ;

(e) in article 39L M9 omit “article 72A (information society services),”;

(f) in articles 51A and 52A M10 , for “article 72A (information society services),” substitute “ articles ”;

(g) in article 60R M11 omit “the exclusion in article 72A (information society services) and”;

(h) in article 89D M12 omit paragraph (1) and the word “also” in paragraph (2).

Commencement Information

I3 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2019/1390, regs. 1(2), 6)

Marginal Citations

M4 Article 72A was inserted by S.I. 2002/1776.

M5 Articles 9AA, 58A and 60A were inserted by S.I. 2002/1776 and amended by S.I. 2013/1773.

M6 Article 12A was inserted by S.I. 2002/1776 and amended by S.I. 2013/1773.

M7 Articles 20 was amended (so far as relevant) by S.I. 2013/1773. Articles 24 and 39 were amended (so far as relevant) by S.I. 2003/1476. Article 36 was amended (so far as relevant) by S.I. 2003/1476 and S.I. 2013/1773. Article 36G was inserted by S.I. 2013/1881 and amended by S.I. 2014/366 and S.I. 2015/910. Article 39C was inserted by S.I. 2003/1476. Article 44 was amended (so far as relevant) by S.I. 2002/1776 and S.I. 2003/1476. Article 50 were amended (so far as relevant) by S.I. 2002/1776 and S.I. 2013/1773. Article 55 was amended by S.I. 2003/1475, S.I. 2003/1476 and S.I. 2013/1773. Article 60K was inserted by S.I. 2013/1881 and amended by S.I. 2015/910. Article 63A was inserted by S.I. 2002/1776 and amended (so far as relevant) by S.I. 2013/1773 and 2014/366. Article 63E was inserted by S.I. 2006/2383 and amended (so far as relevant) by S.I. 2013/1773 and S.I. 2014/366. Article 63M was inserted by S.I. 2009/1342 and was amended (so far as relevant) by S.I. 2013/1773 and S.I. 2014/366. Article 65 was substituted by S.I. 2002/1776 and was amended by S.I. 2014/366.

M8 Article 63I was inserted by S.I. 2006/2383 and was amended (so far as relevant) by S.I. 2013/1773 and 2014/366.

M9 Article 39L was inserted by S.I. 2013/1881.

M10 Articles 51A and 52A were inserted by S.I. 2002/1776 and were amended by S.I. 2014/366.

M11 Article 60R was inserted by S.I. 2013/1881.

M12 Article 89D was inserted by S.I. 2013/1881 and was amended by S.I. 2014/366.

Amendment of the 2002 Regulations U.K.

6.—(1) The 2002 Regulations are amended as follows.

(2) Omit regulations 2 to 18.

(3) In regulation 19 M13 —

(a) omit paragraph (1);

(b) for paragraph (2), substitute—

“(2) Regulation 4(3) of the general regulations does not apply to the Authority or any enforcement authority in respect of its responsibility in relation to a requirement imposed by or under the 2000 Act or these Regulations.

(2A) Regulation 4(3) of the general regulations also does not apply to the Authority in respect of its responsibility in relation to a requirement imposed by or under regulations made by the Treasury under section 8 of the European Union (Withdrawal) Act 2018.”;

(c) in paragraph (5)—

(i) before the definition of “enforcement authority”, insert—

““the Authority” means the Financial Conduct Authority;”;

(ii) after the definition of “general regulations”, insert—

““rule” means a rule made by the Authority under the 2000 Act.”

Commencement Information

I4 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2019/1390, regs. 1(2), 6)

Marginal Citations

M13 Regulation 19 was inserted by S.I. 2002/2015.

Amendment of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 U.K.

7.  In the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M14 , omit regulation 12B (electronic commerce).

Commencement Information

I5 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2019/1390, regs. 1(2), 6)

Marginal Citations

M14 S.I. 2001/2188. Regulation 12B was inserted by the 2002 Regulations and amended by S.I. 2013/472.

Amendment of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 U.K.

8.  In regulation 3 (private person) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 M15 , in paragraph (1)(a)(ii), omit “or 72A (information society services)”.

Commencement Information

I6 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2019/1390, regs. 1(2), 6)

Marginal Citations

M15 S.I. 2001/2256. Regulation 3(1)(a)(ii) was amended by the 2002 Regulations; there are other amending instruments but none is relevant.

Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 U.K.

9.  In article 2 (interpretation: general) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 M16 , in paragraph (1), at the appropriate place, insert—

““information society service” is to be read in accordance with the definition of “information society services” in regulation 2 of the Electronic Commerce (EC Directive) Regulations 2002;”.

Commencement Information

I7 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2019/1390, regs. 1(2), 6)

Marginal Citations

M16 S.I. 2005/1529, to which there are amendments not relevant to these Regulations.

Revocation of the Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 2015 U.K.

10.  The Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 2015 M17 is revoked.

Commencement Information

I8 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2) (as amended by S.I. 2019/1390, regs. 1(2), 6)

Marginal Citations

M17 S.I. 2015/852.