(a) the agent undertakes to give impartial advice to the consumer,

(b) the agent undertakes to conduct a fair analysis of the market,

(c) the consumer pays the agent a fee.

(4) Examples of factors which may tend to show that the agent is acting for the
5insurer are—

(a) the agent places insurance of the type in question with only one of
the insurers who provide insurance of that type,

(b) the agent is under a contractual obligation which has the effect of
restricting the number of insurers with whom the agent places
10insurance of the type in question,

(c) the insurer provides insurance of the type in question through only
a small proportion of the agents who deal in that type of insurance,

(d) the insurer permits the agent to use the insurer’s name in providing
the agent’s services,

(e) 15the insurance in question is marketed under the name of the agent,

(f) the insurer asks the agent to solicit the consumer’s custom.

4 (1) If it appears to the Treasury that the list of factors in sub-paragraph (3) or (4)
of paragraph 3 has become outdated, the Treasury may by order made by
statutory instrument bring the list up to date by amending the sub-
20paragraph so as to add, omit or alter any factor.

(2) A statutory instrument containing an order under sub-paragraph (1) may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.