Arranging transactions in connection with lending on the security of insurance policiesU.K.
30.—(1) There are excluded from article 25(1) and (2) arrangements made by a money-lender under which either—
[F1(a)a relevant authorised person or a person acting on his behalf will introduce to the money-lender persons with whom the relevant authorised person has entered, or proposes to enter, into a relevant transaction, or will advise such persons to approach the money-lender, with a view to the money-lender lending money on the security of any contract effected pursuant to a relevant transaction;]
(b)a relevant authorised person gives an assurance to the money-lender as to the amount which, on the security of any contract effected pursuant to a relevant transaction, will or may be received by the money-lender should the money-lender lend money to a person introduced to him pursuant to the arrangements.
(2) In paragraph (1)—
“money-lender" means a person who is—
(a)a money-lending company within the meaning of [F2section 209 of the Companies Act 2006];
(b)a body corporate incorporated under the law of, or of any part of, the United Kingdom relating to building societies; or
(c)a person whose ordinary business includes the making of loans or the giving of guarantees in connection with loans;
“relevant authorised person" means an authorised person who has permission to effect [F3contracts of insurance] or to sell investments of the kind specified by article 89, so far as relevant to such contracts;
“relevant transaction" means the effecting of a [F4contract of insurance] or the sale of an investment of the kind specified by article 89, so far as relevant to such contracts.
[F5(3) This article is subject to article 4(4A).]
Textual Amendments
F1Art. 30(1)(a) substituted (1.12.2001) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2001 (S.I. 2001/3544), arts. 1(a), 5
F2Words in art. 30(2)(a) substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 13(4)
F3Words in art. 30(2) substituted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476), arts. 1(3), 5(4)(a)
F4Words in art. 30(2) substituted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476), arts. 1(3), 5(4)(b)
F5Art. 30(3) inserted (1.4.2007 for specified purposes, 1.11.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 (S.I. 2006/3384), arts. 1(2), 15