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PDCOB Sch 1 Right of action for damages

Sch 1.1G

1The table below sets out the rules in PDCOB the contravention of which by an authorised person may be actionable under section 138D of the Act (Actions for damages) by a person who suffers loss as a result of the contravention.

Sch 1.2G

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.

Sch 1.3G

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

Chapter

Section / Annex

Paragraph

For private person?

Removed?

For other person?

The fair, clear and not misleading rule in PDCOB 4.2.1R

Yes

In part (Note)

No

Any rule in PDCOB which prohibits an authorised person from seeking to make provisions excluding or restricting any duty or liability

Yes

No

Yes

The prudential rules for firms carrying on regulated pensions dashboard activity in PDCOB 13

No

Yes (see PDCOB 13.9.1R)

No

All other rules in PDCOB

Yes

No

No

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.