(1) The financial promotion restriction does not apply to any communication which -

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

(b) is made or directed by an exempt person; and

(c) is for the purposes of that exempt person’s business of carrying on a controlled activity or controlled claims management activity which is also a regulated activity in relation to which he is an exempt person.

(1A) The financial promotion restriction also does not apply to any communication which is -

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

(b) made by a person who is an appointed representative (within the meaning of section 39(2) of the Act) and is carrying on an activity to which sections 20(1) and (1A) and 23(1A) of the Act do not apply by virtue of section 39(1D); and