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Financial Guidance and Claims Act 2018

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Unsolicited direct marketing approachesE+W+S+N.I.

21Unsolicited direct marketing: pensionsE+W+S+N.I.

(1)The Secretary of State may make regulations prohibiting unsolicited direct marketing relating to pensions.

(2)The regulations may—

(a)make provision about when a communication is to be, or is not to be, treated as unsolicited;

(b)make provision for exceptions to the prohibition;

(c)confer functions on the Information Commissioner and on OFCOM (including conferring a discretion);

(d)apply (with or without modifications) provisions of the data protection legislation or the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426) (including, in particular, provisions relating to enforcement).

(3)The regulations may—

(a)make different provision for different purposes;

(b)make different provision for different areas;

(c)make incidental, supplementary, consequential, transitional or saving provision.

(4)Regulations under this section are to be made by statutory instrument.

(5)A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)If before the end of June in any year the Secretary of State has not made regulations under this section (whether or not in that year), the Secretary of State must—

(a)publish a statement, by the end of July in that year, explaining why regulations have not been made and setting a timetable for making the regulations, and

(b)lay the statement before each House of Parliament.

(7)In this section, “OFCOM” means the Office of Communications established by section 1 of the Office of Communications Act 2002.

22Unsolicited direct marketing: other consumer financial products etcE+W+S+N.I.

(1)The Secretary of State must keep under review whether a prohibition on unsolicited direct marketing in relation to consumer financial products and services other than pensions would be appropriate.

(2)If the Secretary of State considers that such a prohibition would be appropriate, the Secretary of State may make regulations applying regulations made under section 21 to other consumer financial products and services (with or without modifications).

(3)In considering whether to make such regulations, the Secretary of State must take into account any advice received from the single financial guidance body under section 3(7)(b)(ii) (consumer protection function: advice on effect on consumers of unsolicited direct marketing).

(4)The regulations may—

(a)make different provision for different purposes;

(b)make different provision for different areas;

(c)make incidental, supplementary, consequential, transitional or saving provision.

(5)Regulations under this section are to be made by statutory instrument.

(6)A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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