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The Financial Services and Markets Act 2000 (Financial Promotion) Order 2001

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PART VIITRANSITIONAL PROVISION

Approval of communication prior to Order coming into force

74.—(1) The financial promotion restriction does not apply to a communication which falls within paragraph (2) or (3).

(2) A communication falls within this paragraph if—

(a)before this article comes into force, the content of the communication has been approved for the purposes of section 57 of the Financial Services Act 1986 by a person authorised under Chapter III of Part I of that Act; and

(b)the communication is made or directed within one month starting with the date on which this article comes into force.

(3) A communication falls within this paragraph if—

(a)before this article comes into force, the content of the communication had been approved by a person who is an authorised person (within the meaning of the Act) immediately after this article comes into force;

(b)the approval if it had been given immediately after this article comes into force would have complied with any relevant rules made by the Authority under section 145; and

(c)the communication is made or directed within the period of one month starting with the date on which this article comes into force.

(4) For the purpose of paragraph (2)(b) and (3)(c) a communication contained in a web site is directed on the date when it is posted on the site.

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