The Financial Services (Distance Marketing) Regulations 2004

4.—(1) Where an EEA State, other than the United Kingdom, has transposed the Directive or has obligations in its domestic law corresponding to those provided for in the Directive—

(a) regulations 7 to 14 do not apply in relation to any contract made between an EEA supplier contracting from an establishment in that EEA State and a consumer in the United Kingdom, and

(b) regulation 15 does not apply to any supply of financial services by an EEA supplier from an establishment in that EEA State to a consumer in the United Kingdom,

if the provisions by which that State has transposed the Directive, or the obligations in the domestic law of that State corresponding to those provided for in the Directive, as the case may be, apply to that contract or that supply.

(2) Subject to paragraph (5) and regulation 6(3) and (4)—

(a) regulations 7 to 11 do not apply in relation to any contract made by a supplier who is an authorised person, the making or performance of which constitutes or is part of a regulated activity carried on by him;

(b) regulation 15 does not apply to any supply of financial services by a supplier who is an authorised person, where that supply constitutes or is part of a regulated activity carried on by him.

(3) Subject to regulation 6(3) and (4)—

(a) regulations 7 and 8 do not apply in relation to any contract made by a supplier who is an appointed representative, the making or performance of which constitutes or is part of a regulated activity (other than an exempt regulated activity) carried on by him;

(b) regulation 15 does not apply to any supply of financial services by a supplier who is an appointed representative, where that supply constitutes or is part of a regulated activity (other than an exempt regulated activity) carried on by him.

(4) Subject to regulation 6(3) and (4)—

(a) regulations 7 and 8 do not apply in relation to any contract where—

(i) the supplier is bound, or is controlled or managed by one or more persons who are bound, by rules of a designated professional body which are equivalent to those regulations, and

(ii) the making or performance of that contract constitutes or is part of an exempt regulated activity carried on by the supplier;

(b) regulation 15 does not apply to any supply of financial services where—

(i) the supplier is bound, or is controlled or managed by one or more persons who are bound, by rules of a designated professional body which are equivalent to that regulation, and

(ii) that supply constitutes or is part of an exempt regulated activity carried on by the supplier.

(5) Paragraph (2) does not apply in relation to any contract or supply of financial services made by a supplier who is the operator, trustee or depositary of a scheme which is a recognised scheme by virtue of section 264 of the 2000 Act (schemes constituted in other EEA States), where the making or performance of the contract or the supply of the financial services constitutes or is part of a regulated activity for which he has permission in that capacity.

(6) In paragraph (5)—

“the operator”, “trustee” and “depositary” each has the same meaning as in section 237(2) of the 2000 Act (other definitions); and

“permission” has the same meaning as in section 266 of that Act (disapplication of rules).