S. 21 wholly in force at 1.12.2001; s. 21 not in force at Royal Assent see s. 431(2); s. 21 in force for certain purposes at 25.2.2001 by S.I. 2001/516, art. 2(b), Sch. Pt. 2; s. 21 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)

S. 21(1) modified (31.10.2001) by S.I. 2001/3374, art. 1, Sch. para. 6

S. 21(1) modified (31.10.2004) by The Financial Services and Markets Act 2000 (Transitional Provisions) (Mortgages) Order 2004 (S.I. 2004/2615), arts. 1(2)(b), 5, Sch. para. 6

S. 21(1) modified (14.1.2005) by The Financial Services and Markets Act 2000 (Transitional Provisions) (General Insurance Intermediaries) Order 2004 (S.I. 2004/3351), arts. 1(2)(b), 5, Sch. para. 6

S. 21(1) modified (6.4.2007) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2006 (S.I. 2006/1969), arts. 1(3), 7, Sch. para. 6

S. 21(1) excluded (3.7.2002) by Welsh Development Agency Act 1975 (c. 70), Sch. 1 para. 21 (as substituted) by The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 (S.I. 2002/1555), arts. 1, 6

S. 21(2) modified (30.6.2008 for certain purposes, otherwise 1.1.2009) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2007 (S.I. 2007/3510), arts. 1(2), 8(1)(3)

S. 21(2) modified (1.7.2009 for certain purposes, otherwise 30.6.2010) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009 (S.I. 2009/1342), arts. 1(2), 34, {Sch. paras. 1, 3}

http://www.legislation.gov.uk/ukpga/2000/8/section/21/2002-08-21Financial Services and Markets Act 2000An Act to make provision about the regulation of financial services and markets; to provide for the transfer of certain statutory functions relating to building societies, friendly societies, industrial and provident societies and certain other mutual societies; and for connected purposes.2000-06-15texttext/xmlenStatute Law Database2026-04-072002-07-18Financial Services and Markets Act 2000s. 86(9A)The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019reg. 8(9)reg. 1(2)Financial Services and Markets Act 2000s. 87A(11)The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019reg. 10(5)reg. 1(2)Financial Services and Markets Act 2000s. 124(10)(c)(i)The Market Abuse (Amendment) (EU Exit) Regulations 2019reg. 5(11)(b)reg. 1(3)Financial Services and Markets Act 2000s. 129(7)(a)The Market Abuse (Amendment) (EU Exit) Regulations 2019reg. 5(12)(a)(i)reg. 1(3)Financial Services and Markets Act 2000s. 129(7)(c)The Market Abuse (Amendment) (EU Exit) Regulations 2019reg. 5(12)(a)(ii)reg. 1(3)Financial Services and Markets Act 2000Sch. 11A para. 5(3)The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019reg. 38(5)(b)reg. 1(2)Financial Services and Markets Act 2000Sch. 17A para. 12The Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2019reg. 13(1)reg. 1(3)Financial Services and Markets Act 2000Sch. 2A para. 19(2)(b)(iia)Financial Services and Markets Act 2023Sch. 10 para. 19(a)s. 86(1)(e)Financial Services and Markets Act 2000Pt. 20CBank of England and Financial Services Act 2016s. 30(3)s. 41(3)Financial Services and Markets Act 2000Sch. 2A2BFinancial Services Act 2021s. 23(10)s. 49(5)Financial Services and Markets Act 2000s. 31(1)(aa)Financial Services Act 2021s. 22(2)s. 49(5)Financial Services and Markets Act 2000s. 32AFinancial Services Act 2021s. 22(3)s. 49(5)Financial Services and Markets Act 2000s. 36A and cross-headingFinancial Services Act 2021s. 22(4)s. 49(5)Financial Services and Markets Act 2000s. 32AFinancial Services Act 2021s. 23(10)s. 49(5)Financial Services and Markets Act 2000Sch. 2AFinancial Services Act 2021s. 23(10)s. 49(5)Financial Services and Markets Act 2000Sch. 2BFinancial Services Act 2021s. 23(10)s. 49(5)Financial Services and Markets Act 2000Sch. 2BFinancial Services Act 2021Sch. 7s. 49(5)Financial Services and Markets Act 2000s. 71J and cross-headingFinancial Services Act 2021Sch. 8 para. 4s. 49(5)Financial Services and Markets Act 2000s. 214(5A)Financial Services Act 2021Sch. 8 para. 8s. 49(5)Financial Services and Markets Act 2000s. 367AFinancial Services Act 2021Sch. 8 para. 10s. 49(5)Financial Services and Markets Act 2000s. 395(13)(bc)-(be)Financial Services Act 2021Sch. 8 para. 12(2)(b)s. 49(5)Financial Services and Markets Act 2000s. 395(13)(h)(i)Financial Services Act 2021Sch. 8 para. 12(2)(c)s. 49(5)Financial Services and Markets Act 2000s. 395(14)Financial Services Act 2021Sch. 8 para. 12(3)s. 49(5)Financial Services and Markets Act 2000Sch. 1ZA para. 32(c) and wordFinancial Services Act 2021Sch. 8 para. 18s. 49(5)Financial Services and Markets Act 2000ActWater Act 2014s. 79(4)s. 94(3)Financial Services and Markets Act 2000ActWater Act 2014s. 81(10)s. 94(3)Financial Services and Markets Act 2000s. 398(8)The Securitisation Regulations 2024reg. 34(7)reg. 34(8)(f)reg. 52(3)Sch. 3reg. 2(1)(e)(2)Financial Services and Markets Act 2000s. 427A(3)Enterprise Act 2002 (repealed)Enterprise Act 2002Sch. 17 para. 59s. 249(1)-(3)s. 279Part II Regulated And Prohibited Activities Financial promotion
21 Restrictions on financial promotion.(1)

A person (“A”) must not, in the course of business, communicate an invitation or inducement to engage in investment activity.

(2)

But subsection (1) does not apply if—

(a)

A is an authorised person; or

(b)

the content of the communication is approved for the purposes of this section by an authorised person.

(3)

In the case of a communication originating outside the United Kingdom, subsection (1) applies only if the communication is capable of having an effect in the United Kingdom.

(4)

The Treasury may by order specify circumstances in which a person is to be regarded for the purposes of subsection (1) as—

(a)

acting in the course of business;

(b)

not acting in the course of business.

(5)

The Treasury may by order specify circumstances (which may include compliance with financial promotion rules) in which subsection (1) does not apply.

(6)

An order under subsection (5) may, in particular, provide that subsection (1) does not apply in relation to communications—

(a)

of a specified description;

(b)

originating in a specified country or territory outside the United Kingdom;

(c)

originating in a country or territory which falls within a specified description of country or territory outside the United Kingdom; or

(d)

originating outside the United Kingdom.

(7)

The Treasury may by order repeal subsection (3).

(8)

“Engaging in investment activity” means—

(a)

entering or offering to enter into an agreement the making or performance of which by either party constitutes a controlled activity; or

(b)

exercising any rights conferred by a controlled investment to acquire, dispose of, underwrite or convert a controlled investment.

(9)

An activity is a controlled activity if—

(a)

it is an activity of a specified kind or one which falls within a specified class of activity; and

(b)

it relates to an investment of a specified kind, or to one which falls within a specified class of investment.

(10)

An investment is a controlled investment if it is an investment of a specified kind or one which falls within a specified class of investment.

(11)

Schedule 2 (except paragraph 26) applies for the purposes of subsections (9) and (10) with references to section 22 being read as references to each of those subsections.

(12)

Nothing in Schedule 2, as applied by subsection (11), limits the powers conferred by subsection (9) or (10).

(13)

“Communicate” includes causing a communication to be made.

(14)

“Investment” includes any asset, right or interest.

(15)

“Specified” means specified in an order made by the Treasury.