55A.—(1) The financial promotion restriction does not apply to a non-real time communication which is—
(a)made by a person (“P”) who carries on Part XX activities; and
(b)limited to what is required or permitted by paragraphs (2) and (3).
(2) The communication must be in the following terms— “ This [firm/company] is not authorised under the Financial Services and Markets Act 2000 but we are able in certain circumstances to offer a limited range of investment [F1and consumer credit-related] [F2and claims management-related] services to clients because we are members of [relevant designated professional body]. We can provide these investment [F1and consumer credit-related] services if they are an incidental part of the professional services we have been engaged to provide. ”
(3) The communication may in addition set out the Part XX activities which P is able to offer to his clients, provided it is clear that these are the investment [F3and consumer credit-related] [F4and claims management-related] services to which the statement in paragraph (2) relates.
(4) The validity of a communication made in accordance with paragraph (2) is not affected by a defect in the wording of it provided that the defect does not alter the communication's meaning.
(5) “Part XX activities” means the regulated activities to which the general prohibition does not apply when they are carried on by P by virtue of section 327 of the Act.
Textual Amendments
F1Words in art. 55A(2) inserted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), arts. 1(3)(4), 10(6)
F2Words in art. 55A(2) inserted (E.W.S.) (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 32(a)
F3Words in art. 55A(3) inserted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), arts. 1(3)(4), 10(6)
F4Words in art. 55A(3) inserted (E.W.S.) (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 32(b)