Article 3 The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

In article 72A (information society services) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001^f1, 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^f2 has given a final notice to P under section 390 of the Act^f3, as applied by regulation 11C of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002^f4, in relation to that activity; and

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

Annotations

Footnotes

f1: S.I. 2001/544; article 72A was inserted by S.I. 2002/1776 and amended by S.I. 2004/3379.
f2: Section 1A(2) of the Financial Services and Markets Act 2000 defines “the FCA” as meaning the Financial Conduct Authority.
f3: 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.
f4: S.I. 2002/1775.