PART VIExempt Communications: Certain Controlled Activities
Advice centres73
1
If the requirements of paragraph (2) are met, the financial promotion restriction does not apply to any communication which is made by a person in the course of carrying out his duties as an adviser for, or employee of, an advice centre.
2
The requirements of this paragraph are that the communication relates to—
a
qualifying credit;
b
rights under, or rights to or interests in rights under, qualifying contracts of insurance; or
c
a child trust fund.
3
In this article—
“adequate professional indemnity insurance”, in relation to an advice centre, means insurance providing cover that is adequate having regard to—
- a
the claims record of the centre;
- b
the financial resources of the centre; and
- c
the right of clients of the centre to be compensated for loss arising from the negligent provision of financial advice;
- a
“advice centre” means a body which—
- a
gives advice which is free and in respect of which the centre does not receive any fee, commission or other reward;
- b
provides debt advice as its principal financial services activity; and
- c
in the case of a body which is not part of a local authority, holds adequate professional indemnity insurance or a guarantee providing comparable cover;
- a
“child trust fund” has the meaning given by section 1(2) of the Child Trust Funds Act 200415;
“local authority” has the meaning given in article 2 of the Financial Services and Markets Act 2000 (Exemption) Order 200116.