33A—(1) There are excluded from article 25A(2) arrangements where—
(a)they are arrangements under which a client is introduced to a person (“N”) who is—
(i)an authorised person who has permission to carry on a regulated activity of the kind specified by any of articles 25A, 53A, and 61(1),
(ii)an appointed representative who may carry on a regulated activity of the kind specified by either of articles 25A and 53A without contravening the general prohibition, or
(iii)an overseas person who carries on activities specified by any of articles 25A, 53A and 61(1); and
(b)the conditions mentioned in paragraph (2) are satisfied.
[F2(1A) There are excluded from article 25B(2) arrangements where—
(a)they are arrangements under which a client is introduced to a person (“N”) who is—
(i)an authorised person who has permission to carry on a regulated activity of the kind specified by any of articles 25B, 53B and 63B(1),
(ii)an appointed representative who may carry on a regulated activity of the kind specified by either of articles 25B and 53B without contravening the general prohibition, or
(iii)an overseas person who carries on activities specified by any of articles 25B, 53B and 63B(1); and
(b)the conditions mentioned in paragraph (2) are satisfied.
(1B) There are excluded from article 25C(2) arrangements where—
(a)they are arrangements under which a client is introduced to a person (“N”) who is—
(i)an authorised person who has permission to carry on a regulated activity of the kind specified by any of articles 25C, 53C and 63F(1),
(ii)an appointed representative who may carry on a regulated activity of the kind specified by either of articles 25C and 53C without contravening the general prohibition, or
(iii)an overseas person who carries on activities specified by any of articles 25C, 53C and 63F(1); and
(b)the conditions mentioned in paragraph (2) are satisfied.]
[F3(1C) There are excluded from article 25E(2) arrangements where—
(a)they are arrangements under which a client is introduced to a person (“N”) who is—
(i)an authorised person who has permission to carry on a regulated activity of the kind specified by any of articles 25E, 53D and 63J(1),
(ii)an appointed representative who may carry on a regulated activity of the kind specified by either of articles 25E or 53D without contravening the general prohibition, or
(iii)an overseas person who carries on activities specified by any of articles 25E, 53D and 63J(1); and
(b)the conditions mentioned in paragraph (2) are satisfied.]
(2) Those conditions are—
(a)that the person making the introduction (“P”) does not receive any money, other than money payable to P on his own account, paid by the client for or in connection with any transaction which the client enters into with or through N as a result of the introduction; and
(b)that before making the introduction P discloses to the client such of the information mentioned in paragraph (3) as applies to P.
(3) That information is—
(a)that P is a member of the same group as N;
(b)details of any payment which P will receive from N, by way of fee or commission, for introducing the client to N;
(c)an indication of any other reward or advantage received or to be received by P that arises out of his introducing clients to N.
[F4(4) In this article, “client” means—
(a)for the purposes of paragraph (1), a borrower within the meaning given by article 61(3)(a)(i), or a person who is or may be contemplating entering into a regulated mortgage contract as such a borrower;
(b)for the purposes of paragraph (1A), a reversion seller, a plan provider or a person who is or may be contemplating entering into a regulated home reversion plan as a reversion seller or as a plan provider;
(c)for the purposes of paragraph (1B), a home purchaser or a person who is or may be contemplating entering into a regulated home purchase plan as a home purchaser[F5;
(d)for the purposes of paragraph (1C), an agreement provider, an agreement seller or a person who is or may be contemplating entering into a regulated sale and rent back agreement as an agreement provider or agreement seller.]]]
Textual Amendments
F1Art. 33A inserted (31.10.2004) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 1) Order 2003 (S.I. 2003/1475), arts. 1(3), 11
F2Art. 33A(1A)(1B) inserted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383), arts. 1(2), 11(a)
F3Art. 33A(1C) inserted (1.7.2009 for specified purposes, 30.6.2010 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009 (S.I. 2009/1342), arts. 1(2), 11(a)
F4Art. 33A(4) substituted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383), arts. 1(2), 11(b)
F5Art. 33A(4)(d) inserted (1.7.2009 for specified purposes, 30.6.2010 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009 (S.I. 2009/1342), arts. 1(2), 11(b)