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    2005-12-05

LLD Sch 5 Rights of action for damages

LLD Sch 5.1G

The table below sets out the rules in LLD contravention of which by an authorised person may be actionable under section 150 of the Act (Actions for damages) by a person who suffers loss as a result of the contravention.

LLD Sch 5.2G

If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150 (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 the FSA has removed the right of action under section 150(2) of the Act. If so, a reference to the rule in which it is removed is also given.

LLD Sch 5.3G

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.

LLD Sch 5.4G

Right of action under section 150

Chapter/Appendix

Section/Annex

Paragraph

For private Person?

Removed?

For other person?

3

All rules

No

Yes

LLD 3.1.2 R

No

4

All rules

No

Yes

LLD 4.1.2 R

No

5

All rules

No

Yes

LLD 5.1.2 R

No

7

All rules

No

Yes

LLD 7.1.2 R

No

8

All rules

No

Yes

LLD 8.1.2 R

No1

9

Rules requiring the Society to have or maintain adequate financial resources

No

No

-

No

9

All other rules

No

Yes

LLD 9.1.3 R

No

10

Rules requiring the Society to have or maintain adequate financial resources

No

No

-

No

10

All other rules

No

Yes

LLD 10.1.2 R

No

11

Rules requiring the Society to have or maintain adequate financial resources

No

No

-

No

11

All other rules

No

Yes

LLD 11.1.2 R

No

12

Rules requiring the Society to have or maintain adequate financial resources

No

No

-

No

12

All other rules

No

Yes

LLD 12.1.2 R

No

13

Rules requiring the Society to have or maintain adequate financial resources

No

No

-

No

13

All other rules

No

Yes

LLD 13.1.2 R

No

14

Rules requiring the Society to have or maintain adequate financial resources

No

No

-

No

14

All other rules

No

Yes

LLD 14.1.2 R

No

15

Rules requiring the Society to have or maintain adequate financial resources

No

No

-

No

15

All other rules

No

Yes

LLD 15.1.2 R

No