(1)The Authority may make rules applying to authorised persons about the communication by them, or their approval of the communication by others, of invitations or inducements—
(a)to engage in investment activity; or
(b)to participate in a collective investment scheme.
(2)Rules under this section may, in particular, make provision about the form and content of communications.
(3)Subsection (1) applies only to communications which—
(a)if made by a person other than an authorised person, without the approval of an authorised person, would contravene section 21(1);
(b)may be made by an authorised person without contravening section 238(1).
[F1(3A)But subsection (3) does not prevent the Authority from making rules under subsection (1) in relation to a communication that would not contravene section 21(1) if made by a person other than an authorised person, without the approval of an authorised person, if the conditions set out in subsection (3B) are satisfied.
(3B)Those conditions are—
(a)that the communication would not contravene subsection (1) of section 21 because it is a communication to which that subsection does not apply as a result of an order under subsection (5) of that section;
(b)that the Authority considers that any of the requirements of—
(i)paragraphs 1 to 8 of Article 19 of the markets in financial instruments directive;F2. . .
(ii)any implementing measure made under paragraph 10 of that Article[F3; or]
[F4(iii)Article 77 of the UCITS directive,]
apply to the communication; and
(c)that the Authority considers that the rules are necessary to secure that the communication satisfies such of the requirements mentioned in paragraph (b) as the Authority considers apply to the communication.]
(4)“Engage in investment activity” has the same meaning as in section 21.
(5)The Treasury may by order impose limitations on the power to make rules under this section.
Textual Amendments
F1S. 145(3A)(3B) inserted (6.12.2006) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Modification of Powers) Regulations 2006 (S.I. 2006/2975), reg. 4 (with reg. 14)
F2Word in s. 145(3B)(b)(i) omitted (1.7.2011) by virtue of The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), reg. 2(5)(a)
F3Word in s. 145(3B)(b)(ii) inserted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), reg. 2(5)(b)
F4S. 145(3B)(b)(iii) inserted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), reg. 2(5)(c)
Commencement Information
I1S. 145 wholly in force at 18.6.2001; s. 145 not in force at Royal Assent see s. 431(2); s. 145(5) in force at 25.2.2001 by S.I. 2001/516, art. 2(a), Sch. Pt. 1; s. 145 in force in so far as not already in force at 18.6.2001 by S.I. 2001/1820, art. 2, Sch.