(1) The FCA may determine that the exclusion in regulation 11 -

(a) does not apply to a particular activity carried on by a relevant incoming provider;

(b) no longer applies to any of the activities carried on by a relevant incoming provider.

(2) The FCA may only exercise the power in paragraph (1), if it considers that the exercise of the power is necessary -

(a) for the prevention, detection, investigation or prosecution of a criminal offence;

(b) for the protection of consumers;

(c) in order for the FCA to advance its objectives under Part 1A of the 2000 Act.