(1) The financial promotion restriction does not apply to any communication which relates to a controlled claims management activity when that communication is made by an independent trade union for -
(a) a member (including a retired member or a student member) of an independent trade union;
(b) a member of the family of a member referred to in sub-paragraph (a); or
(c) a former member of the trade union to whom the trade union may, under its rules, provide claims management services, or a member of the family of such a former member.
(2) In paragraph (1) "independent trade union" has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 [1992 c. 52.].
(3) For the purposes of paragraph (1) -
(a) subject to sub-paragraph (b), whether a person is or has been a member (including a retired member or a student member) of a trade union is to be decided in accordance with the rules of that trade union;
(b) "member" of a trade union does not include a person who
…