33B.—(1) There is excluded from article 25(1) and (2) (arranging deals in investments) the making of arrangements for, or with a view to, a transaction for the sale or purchase of a contract of insurance, where that activity meets the conditions specified in paragraphs (2) and (3).
(2) The conditions specified in this paragraph are that the activity—
(a)consists of the provision of information about a potential policyholder to a relevant insurer or an insurance or reinsurance intermediary, or
(b)consists of the provision of information to a potential policyholder about—
(i)a contract of insurance, or
(ii)a relevant insurer or insurance or reinsurance intermediary.
(3) The condition specified in this paragraph is that the provider of the information does not take any step other than the provision of information to assist in the conclusion of a contract of insurance.
(4) In this article—
[F2“insurance intermediary” means a person other than—
an insurance or reinsurance undertaking or an employee of such an undertaking, or
an ancillary insurance intermediary,
who, for remuneration, takes up or pursues the activity of insurance distribution;]
[F3“reinsurance intermediary” means a person other than—
a reinsurance undertaking, or
an employee of a reinsurance undertaking,
who, for remuneration, takes up or pursues the activity of reinsurance distribution;]
“relevant insurer” has the meaning given in article 39B(2) (claims management on behalf of an insurer etc.).
[F4(5) In paragraph (4)—
“ancillary insurance intermediary”, “insurance distribution” and “reinsurance distribution” have the same meaning as in article 4;
“remuneration” means any commission, fee, charge or other payment, including an economic benefit of any kind or any other financial or non-financial advantage or incentive offered or given.]]
Textual Amendments
F1Art. 33B inserted (1.10.2018) by The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Order 2018 (S.I. 2018/546), arts. 1(2), 5
F2Words in art. 33B(4) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 128(2)(a) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in art. 33B(4) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 128(2)(b) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 33B(5) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 128(3) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)