PART II SPECIFIED ACTIVITIES

Chapter XVIIExclusions Applying to Several Specified Kinds of Activity

F1Provision of information on an incidental basis72C

1

There is excluded from articles 25(1) and (2) the making of arrangements for, or with a view to, a transaction for the sale or purchase of a contract of insurance or an investment of the kind specified by article 89, so far as relevant to such a contract, where that activity meets the conditions specified in paragraph (4).

2

There is excluded from articles 37 and 40 any activity—

a

where the assets in question are rights under a contract of insurance or an investment of the kind specified by article 89, so far as relevant to such a contract; and

b

which meets the conditions specified in paragraph (4).

3

There is excluded from article 39A any activity which meets the conditions specified in paragraph (4).

4

The conditions specified in this paragraph are that the activity—

a

consists of the provision of information to the policyholder or potential policyholder;

b

is carried on by a person in the course of carrying on a profession or business which does not otherwise consist of the carrying on of regulated activities; and

c

may reasonably be regarded as being incidental to that profession or business.