(1) Subject to paragraphs (2), the scheme promotion restriction does not apply to any communication -

(a) which is made (whether from inside or outside the United Kingdom) to a person who receives the communication outside the United Kingdom; or

(b) which is directed (whether from inside or outside the United Kingdom) only at persons outside the United Kingdom.

(2) Paragraph (1) does not apply to an unsolicited real time communication unless -

(a) it is made from a place outside the United Kingdom; and

(b) it relates to an overseas scheme.

(3) For the purposes of paragraph (1) (b) -

(a) if the conditions set out in paragraph (4) (a), (b), (c) and (d) are met, a communication directed from a place inside the United Kingdom is to be regarded as directed only at persons outside the United Kingdom;

(b) if the conditions set out in paragraph (4) (c) and (d) are met, a communication directed from a place outside the United Kingdom is to be regarded as directed only at persons outside the United Kingdom;