(1) The Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 [This Order has been amended by S.I. 2001/2633.] is amended as follows.
(2) In article 16 (exempt persons), the current text is numbered as paragraph (1) and after that paragraph insert -
"(2) The financial promotion restriction does not apply to any unsolicited real time communication made by a person ("AR") who is an appointed representative (within the meaning of section 39(2) of the Act) where -
(a) the communication is made by AR in carrying on the business -
(i) for which his principal ("P") has accepted responsibility for the purposes of section 39 of the Act; and
(ii) in relation to which AR is exempt from the general prohibition by virtue of that section; and
(b) the communication is one which, if it were made by P, would comply with any rules made by the Authority under section 145 of the Act (financial promotion rules) which are relevant to a communication of that kind."