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—

    1. a

      the claims record of the centre;

    2. b

      the financial resources of the centre; and

    3. c

      the right of clients of the centre to be compensated for loss arising from the negligent provision of financial advice;

  • “advice centre” means a body which—

    1. a

      gives advice which is free and in respect of which the centre does not receive any fee, commission or other reward;

    2. b

      provides debt advice as its principal financial services activity; and

    3. 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;

  • “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.