PART 3Amendments relating to electronic commerce

CHAPTER 1Amendment 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”7;

b

omit subsection (4)8.

4

In section 418 (carrying on regulated activities in the United Kingdom) of the 2000 Act, omit subsection (5A)9.

CHAPTER 2Amendment of subordinate legislation

Amendment of the 2001 Order5

1

The 2001 Order is amended as follows.

2

Omit article 72A10 (information society services).

3

In consequence of the amendment made by paragraph (2)—

a

in articles 9AA, 58A and 60A11—

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 12A12—

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 6513 omit “72A (information society services),”;

d

omit article 36I14;

e

in article 39L15 omit “article 72A (information society services),”;

f

in articles 51A and 52A16, for “article 72A (information society services),” substitute “articles”;

g

in article 60R17 omit “the exclusion in article 72A (information society services) and”;

h

in article 89D18 omit paragraph (1) and the word “also” in paragraph (2).

Amendment of the 2002 Regulations6

1

The 2002 Regulations are amended as follows.

2

Omit regulations 2 to 18.

3

In regulation 1919—

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.

Amendment of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 20017

In the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 200120, omit regulation 12B (electronic commerce).

Amendment of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 20018

In regulation 3 (private person) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 200121, in paragraph (1)(a)(ii), omit “or 72A (information society services)”.

Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 20059

In article 2 (interpretation: general) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 200522, 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;

Revocation of the Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 201510

The Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 201523 is revoked.