327 Exemption from the general prohibition.U.K.
(1)The general prohibition does not apply to the carrying on of a regulated activity by a person (“P”) if—
(a)the conditions set out in subsections (2) to (7) are satisfied; F1...
[F2(aa)where the activity is the provision of a service listed in Section A of Annex 1 of the markets in financial instruments directive relating to a financial instrument, the condition set out in subsection (7A) is also satisfied; and]
(b)there is not in force—
(i)a direction under section 328, or
(ii)an order under section 329,
which prevents this subsection from applying to the carrying on of that activity by him.
(2)P must be—
(a)a member of a profession; or
(b)controlled or managed by one or more such members.
(3)P must not receive from a person other than his client any pecuniary reward or other advantage, for which he does not account to his client, arising out of his carrying on of any of the activities.
(4)The manner of the provision by P of any service in the course of carrying on the activities must be incidental to the provision by him of professional services.
(5)P must not carry on, or hold himself out as carrying on, a regulated activity other than—
(a)one which rules made as a result of section 332(3) allow him to carry on; or
(b)one in relation to which he is an exempt person.
(6)The activities must not be of a description, or relate to an investment of a description, specified in an order made by the Treasury for the purposes of this subsection.
(7)The activities must be the only regulated activities carried on by P (other than regulated activities in relation to which he is an exempt person).
[F3(7A)The condition mentioned in subsection (1)(aa) is that—
(a)the service is provided in an incidental manner in the course of a professional activity for the purposes of the markets in financial instruments directive; and
(b)the professional activity concerned is the provision of professional services.
(7B)In subsection (7A) a service is provided in an incidental manner in the course of a professional activity for the purposes of the markets in financial instruments directive if the applicable conditions are satisfied.
(7C)The applicable conditions for the purposes of subsection (7B) are those set out in Article 4(a) to (c) of Commission Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive.]
(8)“Professional services” means services—
(a)which do not constitute carrying on a regulated activity, and
(b)the provision of which is supervised and regulated by a designated professional body.
Textual Amendments
F1Word in s. 327(1)(a) omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 43(2)(a) (with reg. 7)
F2S. 327(1)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 43(2)(b) (with reg. 7)
F3S. 327(7A)-(7C) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 43(3) (with reg. 7)
Modifications etc. (not altering text)
C1S. 327(5)(7) restricted (1.12.2001) by S.I. 2001/544, arts. 2(1), 13(1); S.I. 2001/3538, art. 2(1)
Commencement Information
I1S. 327 wholly in force at 1.12.2001; s. 327 not in force at Royal Assent see s. 431(2); s. 327(6) in force for certain purposes at 25.2.2001 by S.I. 2001/516, art. 2(b), Sch. Pt. 2; s. 327 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)