64the regulated activity, specified in article 53D of the Regulated Activities Order, which is in summary advising a person if the advice:
- (a) is given to a person in his capacity as:
- (i) an agreement seller or potential agreement seller; or
- (ii) an agreement provider or potential agreement provider; and
- (b) is advice on the merits of his doing either of the following:
- (i) entering into a particular regulated sale and rent back agreement; or
- (ii) varying the terms of a regulated sale and rent back agreement entered into on or after 1 July 2009 by him as agreement seller or agreement provider, in such a way as to vary his obligations under that agreement and in relation to a person who acquires obligations or rights under a regulated sale and rent back agreement, an activity is a specified kind of activity for the purposes of this part of the definition only if the agreement was entered into by the agreement provider (rather than the obligations or rights acquired) on or after 1 July 2009.