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Status: You are viewing the version of the handbook as on 2005-06-30.

CIS Sch 5 Rights of action for damages

CIS Sch 5.1G

The table below sets out the rules in CIS 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.

CIS 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 unless a "Yes" appears in the column headed "Removed?". 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.

CIS Sch 5.3G

In accordance with The Financial Services and MarketsAct 2000 (Rights of Action) Regulations 2001 (SI 2001/2256), a "private person" is:

(1)

any individual, except when acting in the course of carrying on a regulated activity; and

(2)

any person who is not an individual, except when acting in the course of carrying on business of any kind;

CIS Sch 5.4G

but does not include a government, a local authority or an international organisation.

CIS Sch 5.5G

The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person, in accordance with those Regulations. If so, an indication of the type of person by whom the rule is actionable is given.

CIS Sch 5.6G

Right of action under section 150

Chapter/Appendix

Section/Annex

Paragraph

For private person?

Removed?

For other person?

All rules in CIS

Yes

No

No