Article 2 Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

Article 70 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005^f1 (promotions included in listing particulars etc.) is amended as follows.

For article 70(1)(c) substitute—

“(c)

a prospectus or supplementary prospectus approved—

(i)

by the competent authority in accordance with Part 6 of the Act; or

(ii)

by the competent authority of an EEA State other than the United Kingdom, provided the requirements of section 87H of the Act have been met,

or part of such a prospectus or supplementary prospectus; or”.

After article 70(1) insert—

“(1A)

The financial promotion restriction does not apply to any non-real time communication—

(a)

comprising the final terms of an offer or the final offer price or amount of securities which will be offered to the public; and

(b)

complying with Articles 5(4), 8(1) and 14(2) of the prospectus directive.”.