GEN Sch 5 Rights of action for damages
If a 'Yes' appears in the column headed 'For private person?', the rule may be actionable by a 'private person' under section 138D1(or, in certain circumstances, his fiduciary or representative; see article 6(2) and (3)(c) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001/2256)). A 'Yes' in the column headed 'Removed' indicates that theFCA1 has removed the right of action under section 138D(3)1of the Act. If so, a reference to the rule in which it is removed is also given. 111 |
The column headed 'For other person?' indicates whether the rule may be actionable by a person other than a private person (or his fiduciary or representative) under article 6(2) and (3) of those Regulations. If so, an indication of the type of person by whom the rule may be actionable is given. |