No advertisement shall contain a statement purporting to be made by an expert unless—
(a) The expert has given and has not, before distribution of the advertisement, withdrawn his or her written consent to the distribution of the advertisement with the statement included in the form and context in which it is included; and
(b) A statement of the expert's qualifications appears in the advertisement; and
(c) If the expert is, or is intended to be, an officer, director, or employee of, or professional adviser to, the issuer of the securities referred to in the advertisement, a statement appears in the advertisement to that effect.
Section 38A was inserted, as from 1 September 1983, by section 18 Securities Amendment Act 1982 (1982 No 147).
Section 38A was amended, as from 3 May 2001, pursuant to section 5(d) Securities Amendment Act 2001 (2001 No 25), by inserting after the word “his”
the words “or her”
.