PDCOB Sch 1 Right of action for damages
1If a ‘Yes’ appears in the column headed ‘For private person?’ the rule may be actionable by a private person under section 138D of the Act (or, in certain circumstances, that person’s 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 FCA has removed the right of action under section 138D(2) of the Act. Where this is the case, a reference to the rule in which it is removed is also given.
1The column headed ‘For other person?’ indicates whether the rule may be actionable by a person other than a private person (or their fiduciary or representative) under article 6(2) and (3) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001/2256). Where this is the case, an indication of the type of person by whom the rule may be actionable is given.
Rights of action under section 138D |
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Chapter |
Section / Annex |
Paragraph |
For private person? |
Removed? |
For other person? |
Yes |
In part (Note) |
No |
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Any rule in PDCOB which prohibits an authorised person from seeking to make provisions excluding or restricting any duty or liability |
Yes |
No |
Yes |
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The prudential rules for firms carrying on regulated pensions dashboard activity in PDCOB 13 |
No |
Yes (see PDCOB 13.9.1R) |
No |
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Yes |
No |
No |
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Note: PDCOB 4.6.1R provides that if, in relation to a particular communication, a firm takes reasonable steps to ensure it complies with the fair, clear and not misleading rule, a contravention of that rule does not give rise to a right of action under section 138D of the Act. |
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