29. Advice given in newspapers etc.
Past version: effective from 20/10/2015 - 19/10/2015
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(1) There is excluded from paragraph 28 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 paragraph 28; nor
(b) that of leading or enabling persons to Buy, Sell, subscribe for or underwrite Specified Investments.
(2) There is also excluded from paragraph 28 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 sub-paragraph (1)(a) and (b).
(3) The Regulator may, on the application of the proprietor of any such Publication or service as is mentioned in sub-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 sub-paragraph (3) and not revoked is conclusive evidence of the matters certified.