(1)
The purpose of this clause is to provide certainty (subject to clauses 45 to 46) to—
an offeror (or other relevant person) that a person is a wholesale investor of the kind referred to in clause 3(2); or
a provider (or other relevant person) that a person is a wholesale investor of the kind referred to in clause 36(b)(i) to (iv).
(2)
A person (A) must be treated as being a wholesale investor as referred to in subclause (1)(a) or (b) (as the case may be) if A—
certifies in writing that A—
is a wholesale investor within the meaning of clause 3(2) or 36(b) (as the case may be); and
understands the consequences of certifying himself, herself, or itself to be a wholesale investor; and
states in the certificate—
the paragraph in clause 3(2) or the subparagraph in clause 36(b) that is claimed to apply to A; and
the grounds on which A claims that the paragraph or subparagraph applies; and
gives a copy of the certificate to the offeror, provider, or other relevant person.
(3)
A certificate under this clause ceases to be effective for the purposes of subclause (2) on the date that is 2 years after the date on which it was given.