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4. In section 145 of the Act (financial promotion rules), after subsection (3) insert—
“(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; or
(ii)any implementing measure made under paragraph 10 of that Article,
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.”.
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