(1) If a person who appears to the FCA to fall within article 93(3) (member of a designated professional body) falls within paragraph (2) or (3), the FCA must not include him in the record or, if that person is already included in the record, must remove him from the record.
(2) A person falls within this paragraph if, by virtue of a direction given by the FCA under section 328(1) of the Act (directions in relation to the general prohibition), section 327(1) of the Act does not apply in relation to the carrying on by him of any insurance distribution activity.
(3) A person falls within this paragraph if the FCA has made an order under section 329(2) of the Act (orders in relation to the general prohibition) disapplying section 327(1) of the Act in relation to the carrying on by him of any insurance distribution activity.