PART 1Financial Guidance etc
Unsolicited direct marketing approaches
21Unsolicited direct marketing: pensions
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 etc
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.