Financial Services Act 1986 (Repealed)

58 Exceptions from restrictions on advertising.U.K.

(1)Section 57 above does not apply to—

(a)any advertisement issued or caused to be issued by, and relating only to investments issued by—

(i)the government of the United Kingdom, of Northern Ireland or of any country or territory outside the United Kingdom;

(ii)a local authority in the United Kingdom or elsewhere;

(iii)the Bank of England or the central bank of any country or territory outside the United Kingdom; or

(iv)any international organisation the members of which include the United Kingdom or another member State;

(b)any advertisement issued or caused to be issued by a person who is exempt under section 36, 38, 42, 43, 44 or 45 above, or by virtue of an order under section 46 above, if the advertisement relates to a matter in respect of which he is exempt.

(c)any advertisement which is issued or caused to be issued by a national of a member State other than the United Kingdom in the course of investment business lawfully carried on by him in such a State and which confirms with any rules made under section 48(2)(e) above;

(d)any advertisement which—

(i)is subject to section 154 below; or

(ii)consists of or any part of listing particulars, supplementary listing particulars or any other document required or permitted to be published by listing rules under Part IV of this Act or by an approved exchange under Part V of this Act.

(2)Section 57 above does not apply to an advertisement inviting persons to subscribe in cash for any investments to which Part V of this Act applies if the advertisement is issued or caused to be issued by the person by whom the investments are to be issued and either the advertisement consists of a prospectus registered in accordance with that Part or the following matters (and no others that would make it an investment advertisement) are contained in the advertisement—

(a)the name of that person and his address or particulars of other means of communicating with him;

(b)the nature of the investments, the number offered for subscription and their nominal value and price;

(c)a statement that a prospectus for the purposes of that Part of this Act is or will be available and, if it is not yet available, when it will be; and

(d)instructions for obtaining a copy of the prospectus.

(3)Section 57 above does not apply to an advertisement issued in such circumstances as may be specified in an order made by the Secretary of State for the purpose of exempting from that section—

(a)advertisements appearing to him to have a private character, whether by reason of a connection between the person issuing them and those to whom they are issued or otherwise;

(b)advertisements appearing to him to deal with investment only incidentally;

(c)advertisements issued to persons appearing to him to be sufficiently expert to understand any risks involved; or

(d)such other classes of advertisement as he thinks fit.

(4)An order under subsection (3) above may require any person who by virtue of the order is authorised to issue an advertisement to comply with such requirements as are specified in the order.

(5)An order made by virtue of paragraph (a), (b) or (c) of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament; and no order shall be made by virtue of paragraph (d) of that subsection unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(6)Subsections (1)(c) and (2) above do not apply to any advertisement relating to an investment falling within paragraph 5 of Schedule 1 to this Act.