# The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, Article 54: Advice given in newspapers etc.

Extent: E+W+S+N.I.

(1) There is excluded from articles 53, 53A, 53B , 53C , 53D , 53DA and 53E the giving of advice in writing or other legible form if the advice is contained in a newspaper, journal, magazine, or other periodical publication, or is given by way of a service comprising regularly updated news or information, if the principal purpose of the publication or service, taken as a whole and including any advertisements or other promotional material contained in it, is neither—
(a) that of giving advice of a kind mentioned in article 53 , 53A, 53B , 53C , 53D , 53DA or 53E, as the case may be; nor
(b) that of leading or enabling persons—
(i) to buy, sell, subscribe for or underwrite securities , structured deposits, or relevant investments, or (as the case may be),
(ia) to enter into a relevant article 36H agreement (within the meaning of that article) as a lender, to assume the rights of a lender under such an agreement by assignment or operation of law, or to assign rights under such an agreement,
(ii) to enter as borrower into regulated mortgage contracts, or vary the terms of regulated mortgage contracts entered into by them as borrower;
(iii) to enter as reversion seller or plan provider into regulated home reversion plans, or vary the terms of regulated home reversion plans entered into by them as reversion seller or plan provider,
(iv) to enter as home purchaser into regulated home purchase plans, or vary the terms of regulated home purchase plans entered into by them as home purchaser ;
(v) to enter as agreement seller or agreement provider into regulated sale and rent back agreements, or vary the terms of regulated sale and rent back agreements entered into by them as agreement seller or agreement provider;
(va) to enter as a recipient of credit into a regulated credit agreement the purpose of which is to acquire or retain property rights in land in the United Kingdom or in an existing or projected building in the United Kingdom,
(vi) to require the trustee or manager of a pension scheme to take any of the actions referred to in article 53E(1)(c).
(2) There is also excluded from articles 53, 53A, 53B , 53C , 53D , 53DA and 53E the giving of advice in any service consisting of the broadcast or transmission of television or radio programmes, if the principal purpose of the service, taken as a whole and including any advertisements or other promotional material contained in it, is neither of those mentioned in paragraph (1)(a) and (b).
(2A) Paragraphs (1) and (2) do not apply to advice which is a personal recommendation falling within article 53(1A).
(3) The FCA may, on the application of the proprietor of any such publication or service as is mentioned in paragraph (1) or (2), certify that it is of the nature described in that paragraph, and may revoke any such certificate if it considers that it is no longer justified.
(4) A certificate given under paragraph (3) and not revoked is conclusive evidence of the matters certified.

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Source: https://www.legislation.gov.uk/uksi/2001/544/article/54 (the official version)
Page: https://openlegislation.uk/financial-services-and-markets-act-2000-regulated-activities-order-2001/article-54
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.