72C.—(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.]
Textual Amendments
F1Arts. 72B-72D inserted (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), 11