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37.—(1) The financial promotion restriction does not apply to any communication—
(a)which is a non-real time communication or a solicited real time communication;
(b)which is communicated by a relevant market; and
(c)to which paragraph (2) or (3) applies.
(2) This paragraph applies to a communication if—
(a)it relates only to facilities provided by the market; and
(b)it does not identify (directly or indirectly)—
(i)any particular investment issued by or available from an identified person as one that may be traded or dealt in on the market; or
(ii)any particular person as a person through whom transactions on the market may be effected.
(3) This paragraph applies to a communication if—
(a)it relates only to a particular investment falling within paragraph 21, 22 or 23 of Schedule 1; and
(b)it identifies the investment as one that may be traded or dealt in on the market.
(4) “Relevant market” means a market which—
(a)meets the criteria specified in Part I of Schedule 3; or
(b)is specified in, or is established under the rules of an exchange specified in, Part II, III or IV of that Schedule.
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