(1) The power to make rules conferred by section 137A of the 2000 Act is to be taken to include a power to make rules applying to unauthorised incoming providers.
(2) In consequence of paragraph (1) -
(a) any reference in sections 137A(3) and (4), 137T, 138A and 138D of the 2000 Act to an authorised person includes a reference to an unauthorised incoming provider;
(b) any reference in those sections to a regulated activity includes a reference to an incoming electronic commerce activity.
(3) [deleted]
(4) Rules made by the Authority under section 137A of the 2000 Act do not apply to incoming providers with respect to the carrying on by them of incoming electronic commerce activities unless they -
(a) impose consumer contract requirements;
(b) apply with respect to communications that constitute an advertisement by the operator of a UCITS Directive scheme of units in that scheme; or
(c) relate to the permissibility of unsolicited commercial communications by electronic mail.
(4A) N