5.—(1) The 2001 Order is amended as follows.
(2) Omit article 72A M1 (information society services).
(3) In consequence of the amendment made by paragraph (2)—
(a)in articles 9AA, 58A and 60A M2—
(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 M3—
(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 M4 omit “72A (information society services),”;
(d)omit article 36I M5;
(e)in article 39L M6 omit “article 72A (information society services),”;
(f)in articles 51A and 52A M7, for “article 72A (information society services),” substitute “ articles ”;
(g)in article 60R M8 omit “the exclusion in article 72A (information society services) and”;
(h)in article 89D M9 omit paragraph (1) and the word “also” in paragraph (2).
Commencement Information
I1Reg. 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
M1Article 72A was inserted by S.I. 2002/1776.
M2Articles 9AA, 58A and 60A were inserted by S.I. 2002/1776 and amended by S.I. 2013/1773.
M3Article 12A was inserted by S.I. 2002/1776 and amended by S.I. 2013/1773.
M4Articles 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.
M5Article 63I was inserted by S.I. 2006/2383 and was amended (so far as relevant) by S.I. 2013/1773 and 2014/366.
M6Article 39L was inserted by S.I. 2013/1881.
M7Articles 51A and 52A were inserted by S.I. 2002/1776 and were amended by S.I. 2014/366.
M8Article 60R was inserted by S.I. 2013/1881.
M9Article 89D was inserted by S.I. 2013/1881 and was amended by S.I. 2014/366.
6.—(1) The 2002 Regulations are amended as follows.
(2) Omit regulations 2 to 18.
(3) In regulation 19 M10—
(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
I2Reg. 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
M10Regulation 19 was inserted by S.I. 2002/2015.
7. In the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M11, omit regulation 12B (electronic commerce).
Commencement Information
I3Reg. 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
M11S.I. 2001/2188. Regulation 12B was inserted by the 2002 Regulations and amended by S.I. 2013/472.
8. In regulation 3 (private person) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 M12, in paragraph (1)(a)(ii), omit “or 72A (information society services)”.
Commencement Information
I4Reg. 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
M12S.I. 2001/2256. Regulation 3(1)(a)(ii) was amended by the 2002 Regulations; there are other amending instruments but none is relevant.
9. In article 2 (interpretation: general) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 M13, 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
I5Reg. 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
M13S.I. 2005/1529, to which there are amendments not relevant to these Regulations.
10. The Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 2015 M14 is revoked.
Commencement Information
I6Reg. 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