PART 3 Amendments relating to electronic commerce

CHAPTER 1 Amendment of sections 417 and 418 of the 2000 Act

Amendment of sections 417 and 418 of the 2000 Act
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”;
The definitions of “electronic commerce directive” and “information society service” were inserted by S.I. 2002/1775.
(b) omit subsection (4).
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).
Subsection (5A) was inserted by S.I. 2002/1775.

CHAPTER 2 Amendment of subordinate legislation

5 Amendment of the 2001 Order
1 The 2001 Order is amended as follows.
2 Omit article 72A (information society services).
Article 72A was inserted by S.I. 2002/1776.
3 In consequence of the amendment made by paragraph (2)—
(a) in articles 9AA, 58A and 60A—
(i) for “exclusions” substitute “exclusion”;
(ii) omit “article 72A (information society services) and”;
(iii) in the heading, omit “Information society services and”;
Articles 9AA, 58A and 60A were inserted by S.I. 2002/1776 and amended by S.I. 2013/1773.
(b) in article 12A—
(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”;
Article 12A was inserted by S.I. 2002/1776 and amended by S.I. 2013/1773.
(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 omit “72A (information society services),”;
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.
(d) omit article 36I;
Article 63I was inserted by S.I. 2006/2383 and was amended (so far as relevant) by S.I. 2013/1773 and 2014/366.
(e) in article 39L omit “article 72A (information society services),”;
Article 39L was inserted by S.I. 2013/1881.
(f) in articles 51A and 52A, for “article 72A (information society services),” substitute “articles”;
Articles 51A and 52A were inserted by S.I. 2002/1776 and were amended by S.I. 2014/366.
(g) in article 60R omit “the exclusion in article 72A (information society services) and”;
Article 60R was inserted by S.I. 2013/1881.
(h) in article 89D omit paragraph (1) and the word “also” in paragraph (2).
Article 89D was inserted by S.I. 2013/1881 and was amended by S.I. 2014/366.

6 Amendment of the 2002 Regulations
1 The 2002 Regulations are amended as follows.
2 Omit regulations 2 to 18.
3 In regulation 19—
(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.”

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

7 Amendment of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
In the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001, omit regulation 12B (electronic commerce).
S.I. 2001/2188. Regulation 12B was inserted by the 2002 Regulations and amended by S.I. 2013/472.

8 Amendment of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001
In regulation 3 (private person) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001, in paragraph (1)(a)(ii), omit “or 72A (information society services)”.
S.I. 2001/2256. Regulation 3(1)(a)(ii) was amended by the 2002 Regulations; there are other amending instruments but none is relevant.

9 Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
In article 2 (interpretation: general) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, 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;”

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

10 Revocation of the Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 2015
The Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 2015 is revoked.
S.I. 2015/852.