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SCHEDULES

SCHEDULE 23Consequential Amendments of the Financial Services Act 1986

Part IGeneral Amendments

7In section 56 of the Financial Services Act 1986 (unsolicited calls), for subsection (7) substitute—

(7)Section 63A below (application of designated regulations) has effect as regards the application of regulations under this section to members of recognised self-regulating organisations in respect of investment business in the carrying on of which they are subject to the rules of the organisation.

As it applies to such persons in respect of such business the reference in subsection (1) above to conduct permitted by regulations made by the Secretary of State shall be construed—

(a)where or to the extent that the regulations do not apply, as a reference to conduct permitted by the rules of the organisation; and

(b)where or to the extent that the regulations do apply but are expressed to have effect subject to the rules of the organisation, as a reference to conduct permitted by the regulations together with the rules of the organisation.

(7A)In the application of this section to anything done by a person certified by a recognised professional body in carrying on investment business in the carrying on of which he is subject to the rules of the body, the reference in subsection (1) above to conduct permitted by regulations made by the Secretary of State shall be construed as a reference to conduct permitted by the rules of the body..