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The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

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The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002

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77.—(1) The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002(1) are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “the Authority” for “Financial Services Authority” substitute “Financial Conduct Authority”.

(3) In the heading to Part 2, for “Financial Services Authority” substitute “Financial Conduct Authority”.

(4) In regulation 3 (consumer contract requirements: modification of rule-making powers)—

(a)in paragraph (1), for “section 138” substitute “section 137A”;

(b)in paragraph (2)(a), for “138(4), (5) and (7) to (9), 148, 150 and 156” substitute “137A(3) and (4), 137T, 138A and 138D”;

(c)omit paragraph (3);

(d)in paragraphs (4), (4A) and (7), for “the Authority under section 138” substitute “the Authority under section 137A”.

(5) In regulation 6(4) (direction)—

(a)for “in subsection (3) of section 48” substitute “in subsection (4) of section 55P”;

(b)for “section 45” substitute “section 55L”.

(6) In regulation 7 (policy conditions), in paragraph (a)(i)(cc) for “regulatory objectives set out in Part 1 of the 2000 Act” substitute “Authority’s operational objectives (as specified by section 1B(3) of the 2000 Act)”.

(7) In regulation 12 (application of certain provisions of the 2000 Act)—

(a)in paragraph (2)—

(i)for “sections 380,” substitute “sections 1L, 380,”;

(ii)omit “, paragraph (6) of Schedule 1(2) to,”;

(b)in paragraph (4), for “sections 132 and 133” substitute “sections 133 and 133A”.

(1)

S.I. 2002/1775, to which there are amendments not relevant to this Order.

(2)

Schedule 1 of FSMA 2000 was repealed by section 6(2) of the Financial Services Act 2012.

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