PERG 5.1 Application and purpose

This chapter applies principally to any person who needs to know whether they carry on insurance distribution activities and are1 thereby subject to FCA regulation. As such it will be of relevance among others to:

1. (1)

   insurance brokers;

2. (2)

   insurance advisers;

3. (3)

   insurance undertakings; and

4. (4)

   other persons involved in the sale and administration of contracts of insurance, even where these activities are secondary to their main business.

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The purpose of this guidance is to help persons consider whether they need authorisation or a variation of their Part 4A permission. Businesses1 who act only as introducers of insurance business are directed in particular to PERG 5.6.2 G1 to PERG 5.6.9 G1 to help consider whether they require authorisation. This guidance also explains the availability to persons carrying on insurance distribution activities1 of certain exemptions from regulation, including the possibility of becoming an appointed representative (see PERG 5.131(Appointed representatives)).

This guidance is issued under section 139A of the Act (Guidance). It is designed to throw light on particular aspects of regulatory requirements, not to be an exhaustive description of a person's obligations. If a person acts in line with the guidance and the circumstances contemplated by it, then the FCA will proceed on the footing that the person has complied with aspects of the requirement to which the guidance relates.

Rights conferred on third parties cannot be affected by guidance given by the FCA. This guidance represents the FCA's view, and does not bind the courts, for example, in relation to the enforceability of a contract where there has been a breach of the general prohibition on carrying on a regulated activity in the United Kingdom without authorisation (see sections 26 to 29 of the Act (Enforceability of Agreements)).

A person reading this guidance should refer to the Act and the various Orders that are referred to in this guidance. These should be used to find out the precise scope and effect of any particular provision referred to in this guidance. A person may need to seek his own legal advice.

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A person may wish to carry on activities related to other forms of investment in connection with contracts of insurance, such as advising on and arranging regulated mortgage contracts. Such a person should also consult the guidance in PERG 2 (Authorisation and Regulated Activities), PERG 4 (Regulated activities connected with mortgages) and PERG 8 (Financial Promotion and Related Activities). A person may also wish to carry on regulated claims management activities (where their activities are not insurance distribution activities, and they fall outside of the exclusion in article 89U of the Regulated Activities Order). Such a person should also consult the guidance in PERG 2.7.20M and PERG 2.7.20N.2