PERG 1.5 What other guidance about the perimeter is available from the FCA?

General guidance on the perimeter is also contained in various FCA documents (mainly fact sheets and frequently asked questions) that are available on the FCA website at www.fca.org.uk.These documents, and the URL on which they may be accessed, include:

1. (1)

   [deleted]6

   12446
2. (2)

   [deleted]2

   12
3. (3)

   [deleted]

4. (4)

   [deleted]3

   13
5. (5)

   [deleted]3

   13
6. (6)

   [deleted]3

   13
7. (7)

   guidance about the position under the Insurance Mediation Directive and the Regulated Activities Order of the company appointed to manage a PPP or similar construction and operation project - http://www.fca.org.uk/your-fca/documents/fsa-ppp-forum-letter;

8. (8)

   [deleted]10

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9. (9)

   guidance for employers about how to provide advice and information to their employees on pension matters without contravening the Act - http://www.fca.org.uk/your-fca/documents/fsa-promoting-pensions-employees;5

   5
10. (10)

    FCA “Factsheet for Broker-arranged premium finance plans: General insurance brokers acting for commercial customers” which includes, discussion about whether arranging premium finance is a regulated activity (www.fca.org.uk/your-fca/documents/broker-arranged-premium-finance-plans);5

11. (11)

    joint guidance by the FSA and the Office of Fair Trading titled “Payment protection products” (January 2013) which includes discussion whether debt freezes and debt waivers are contracts of insurance (https://www.fca.org.uk/publication/finalised-guidance/fsa-fg13-02.pdf9);

    5
12. (12)

    the FSA's views on whether members of the NHBC who provide insurance to buyers of properties in accordance with the Buildmark scheme carry out insurance mediation, contained in a letter to NHBC’s solicitors and put onto the FSA's Freedom of Information Act register in December 2012 (https://www.fca.org.uk/publication/foi/fsa-foi2707-info.pdf9).5

10The guidance under PERG 1.5.1G(7) and (12) relates to the Insurance Mediation Directive, which has been repealed and replaced by the Insurance Distribution Directive (IDD). The guidance relates to whether the regulated activities in question are carried on for remuneration and by way of business under the Insurance Mediation Directive. The FCA does not view the changes under the IDD as having affected the analysis of remuneration and the ‘by way of business’ test set out in this guidance and so it continues to be relevant (see also PERG 5.4).

Any person who, having read relevant general guidance and, where appropriate, taken legal advice, remains uncertain about whether his activities amount to regulated activities or his communications will be subject to the restriction in section 21 of the Act, may seek individual guidance from the FCA. Requests for individual guidance should be made in line with SUP 9.

In addition, the FCA has established a team to provide general assistance and guidance to persons generally about the scope of the Act. Enquiries of this kind may be made:

1. (1)

   by authorised firms, to either the Contact Centre (email firm.queries@fca.org.uk, Tel 0300 500 05977) or their normal supervisory contact; or

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2. (2)

   by individuals or non-authorised firms, to the Consumer Contact Centre (email ccc@fca.org.uk, Tel 0800 111 6768 ).8

The FCA will review its general guidance from time to time and may need to amend or withdraw published or written guidance in the light of changing circumstances, developing business practices, or case law. For the status of guidance issued by the FCA, see PERG 1.3.1 G.