Transitional Provisions and Schedules

Part

ECO Electronic Commerce Directive

Chapter

Transitional Provisions and Schedules

Printed on: 05/07/2024

Rulebook at: 01/12/2004

Transitional Provisions and Schedules

ECO TP 1

Transitional Provisions

ECO TP 1.1

(1)

(2) Material to which the transitional provision applies

(3)

(4) Transitional provision

(5) Transitional provision: dates in force

(6) Handbook provision: coming into force

Every rule (including evidential provision) in ECO

Until 20 November 2002, an electronic commerce activity provider, and any firm in relation to an outgoing electronic commerce communication, will not contravene any provision in ECO to the extent that it has taken reasonable steps to comply with that provision.

21 August 2002 until 20 November 2002

21 August 2002

Every rule (including evidential provision) in ECO

Where a rule in ECO refers to another rule in the Handbook, it means that rule subject to any applicable transitional provisions.

With effect from 21 August 2002

21 August 2002

Every rule (including evidential provision) in ECO

As an example of the effect of 2.0R, references in ECO 1.2.9 E to provisions of have the benefit of applicable transitional relief under the COB transitional rules.

With effect from 21 August 2002

21 August 2002

ECO 3 Annex 1 R

The amendments to ECO 3 Annex 1 R made by the Statutory Status Disclosure Instrument 2003 do not apply to an outgoing or domestic ECA provider until its system for producing the required information is next updated by the outgoing or domestic ECA provider.

From 1 March 2003

1 March 2003

01/12/2004

ECO Sch 1

Record keeping requirements

01/12/2004

ECO Sch 1.1

There are no record keeping requirements in ECO.

01/12/2004

ECO Sch 2

Notification requirements

01/12/2004

ECO Sch 2.1

There are no requirements in ECO to notify or report matters to the FSA.

01/12/2004

ECO Sch 3

Fees and other required payments

01/12/2004

ECO Sch 3.1

There are no requirements for fees or other payments in ECO.

01/12/2004

ECO Sch 4

Powers exercised

01/12/2004

ECO Sch 4.1

(1)

The following powers and related provisions in or under the Act have been exercised by the FSA to make the rules in ECO:

(1)

the rule-making powers listed in Schedule 4 to the General provisions (GEN).

(2)

The following power in the Act has been exercised by the FSA to give the guidance in ECO:

(1)

section 157(1) (Guidance).

01/12/2004

ECO Sch 5

Rights of action for damages

01/12/2004

ECO Sch 5.1

The table below sets out the rules in ECO contravention of which by an authorised person may be actionable under section 150 of the Act (Actions for damages) by a person who suffers loss as a result of the contravention.

If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150 (or, in certain circumstances, his fiduciary or representative). A "Yes" in the column headed "Removed?" indicates that the FSA has removed the right of action under section 150(2) of the Act. If so, a reference to the rule in which it is removed is also given.

The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person (or his fiduciary or representative). If so, an indication of the type of person by whom the rule is actionable is given.

01/12/2004

ECO Sch 5.2

Actions for damages: E-Commerce Directive sourcebook

Chapter/Appendix

Section/Annex

Paragraph

Rights of action under section 150

For private person?

Removed?

For other person?

All rules in ECO with the status letter "E"

Yes

4(2)

Yes

Annex 1

Yes

All other rules in ECO

01/12/2004

ECO Sch 6

Rules that can be waived

01/12/2004

ECO Sch 6.1

The rules in ECO can be waived by the FSA under section 148 of the Act (Modification or waiver of rules). Certain conditions apply before the FSA can give a waiver (see SUP 8.3 (Applying for a waiver)).

01/12/2004