(1) The Treasury may by order make provision -
(a) as to the circumstances in which a person who would otherwise not be regarded as carrying on a regulated activity by way of business is to be regarded as doing so;
(b) as to the circumstances in which a person who would otherwise be regarded as carrying on a regulated activity by way of business is to be regarded as not doing so.
(2) An order under subsection (1) may be made so as to apply -
(a) generally in relation to all regulated activities;
(b) in relation to a specified category of regulated activity; or
(c) in relation to a particular regulated activity.
(3) An order under subsection (1) may be made so as to apply -
(a) for the purposes of all provisions;
(b) for a specified group of provisions; or
(c) for a specified provision.
(4) "Provision" means a provision of, or made under, this Act.
(5) Nothing in this section is to be read as affecting the provisions of section 428(3).