PART 2AMENDMENTS TO THE PRINCIPAL ORDER

Exclusions applying to several activities10

1

In article 66 (trustees, nominees and personal representatives)14

a

after paragraph (3), insert—

3A

Subject to paragraph (7), there is excluded from article 39A any activity carried on by a person acting as trustee or personal representative, unless he holds himself out as providing a service comprising an activity of the kind specified by article 39A.

b

in paragraph (7), after “(3)”, insert “, (3A)”.

2

In article 67 (activities carried on in the course of a profession or non-investment business)15, for “40”, substitute “39A, 40”.

3

In article 68 (activities carried on in connection with the sale of goods or supply of services)16

a

in paragraph (1), in the definition of “supplier”, after “37”, insert “, 39A”;

b

in paragraph (9), for “qualifying contract of insurance”, substitute “contract of insurance”; and

c

in paragraph (11), for “qualifying contract of insurance”, substitute “contract of insurance”.

4

In article 69 (groups and joint enterprises)17, after paragraph (9), insert—

10

Paragraph (2) does not apply to a transaction for the sale or purchase of a contract of insurance.

11

Paragraph (4) does not apply to arrangements for, or with a view to, a transaction for the sale or purchase of a contract of insurance.

12

Paragraph (9) does not apply where the advice relates to a transaction for the sale or purchase of a contract of insurance.

5

In article 70 (activities carried on in connection with the sale of a body corporate), after paragraph (6), insert—

7

Paragraphs (4), (5) and (6) do not apply in the case of a transaction for the sale or purchase of a contract of insurance.

6

In article 72 (overseas persons)18, in paragraph (6), after “37”, insert “, 39A”.