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18. In respect of a relevant incoming provider carrying on any activity to which regulation 11 applies, section 21 of the 2000 Act (restrictions on financial promotion) has effect as if—
(a)in subsection (2), for paragraph (a) there were substituted—
“(a)A is a relevant incoming provider carrying on an activity to which regulation 11 of the 2019 Regulations applies;”;
(b)in that subsection, paragraph (b) were omitted;
(c)after that subsection there were inserted—
“(2A) Subsection (2)(a) only applies to a person in so far as the communication is necessary for the performance of a pre-existing contract (within the meaning of regulation 12 of the 2019 Regulations).
(2B) For the purpose of subsections (2)(a) and (2A)—
“the 2019 Regulations” means the Electronic Commerce and Solvency 2 (Amendment etc. ) (EU Exit) Regulations 2019;
“relevant incoming provider” has the meaning given in regulation 28 of the 2019 Regulations.”
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