The Connected Contracts Exclusion—Article 72B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001/544

Produced in partnership with Jamie Rogers of Hogan Lovells
Practice notes

The Connected Contracts Exclusion—Article 72B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001/544

Produced in partnership with Jamie Rogers of Hogan Lovells

Practice notes
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The general prohibition

Pursuant to section 19 of the Financial Services and Markets Act 2000 (FSMA 2000) (the general prohibition), no person may carry on a regulated activity unless authorised by the relevant regulator or exempt. Under FSMA 2000, s 23, breaches of FSMA 2000, s 19 may constitute a criminal offence.

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544, art 66 (Chapter XVII) sets out Exclusions that apply to specified kinds of regulated activity. Their effect is to exclude certain activities from the scope of Regulated Activities for the purposes of FSMA 2000, s 19. For an overview of the different general exclusions that apply, see RAO, SI 2001/544.

RAO, SI 2001/544, art 72B, as amended, provides for a general exclusion from the scope of regulated activities for ‘[a]ctivities carried on by a provider of relevant goods or services’ concerning ‘connected contract[s] of insurance’. Article 72B is more commonly referred to as the Connected Contracts Exclusion.

Note: RAO,

Jamie Rogers
Jamie Rogers

Jamie Rogers is widely recognized for his extensive legal and commercial knowledge in the (re)insurance industry. With deep operational experience gained from working in-house at major broking and underwriting institutions, Jamie advises on all business-as-usual operational legal matters for (re)insurers and brokers alike. This encompasses advising on the regulation of insurance in the UK, the structure and drafting of policy wordings (as well as non-traditional reinsurance structures), distribution and commercial arrangements, as well as other agreements common to the sector. Having spent significant time in the market, Jamie also advises on the conduct of business at Lloyd's.

Jamie is also an expert on the application of financial crime legislation in the (re)insurance market ' he is the key contact for anti-bribery, economic and trade sanctions and AML advice and regularly speaks at conferences and industry institutions on these issues. Jamie also handles disputes involving insurance brokers and coverage claims across various classes of (re)insurance business.

Chambers UK 2016 reports that "the 'very responsive' Jamie Rogers is noted by clients for his 'good, strong technical knowledge' and his understanding of the Lloyd's market in particular."

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Jurisdiction(s):
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Key definition:
Exclusion definition
What does Exclusion mean?

A disciplinary penalty in which a pupil is made to leave a school, either for a fixed period, or permanently.

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