(1) Where an authorised person makes or directs a communication ("the first communication") which is exempt from the scheme promotion restriction because, in compliance with the requirements of another provision of this Order, it is accompanied by certain indications or contains certain information, then the scheme promotion restriction does not apply to any subsequent communication which complies with the requirements of paragraph (2).

(2) The requirements of this paragraph are that the subsequent communication -

(a) is a non-real time communication or a solicited real time communication;

(b) is made by the same person who made the first communication;

(c) is made to a recipient of the first communication;

(d) relates to the same unregulated scheme as the first communication; and

(e) is made within 12 months of the recipient receiving the first communication.

(3) A communication made or directed before this Order comes into force is to be treated as a first communication falling within paragraph (1) if it would have fallen within that paragraph had it been made or directed after this Order comes into force.