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COLL Sch 5 Rights of action for damages

01/04/2013G
The table below sets out the rules in COLL 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.
If a Yes appears in the column headed For private person, the rule may be actionable by a private person under section 138D unless a Yes appears in the column headed Removed. A Yes in the column headed Removed indicates that the FCA has removed the right of action under section 138D(3) of the Act. If so, a reference to the rule in which it is removed is also given.
In accordance with The Financial Services and Markets Act 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;
but does not include a government, a local authority or an international organisation.
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.
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1. Actions for damages: the New Collective Investment Schemes Sourcebook
Chapter/AppendixSection/AnnexParagraphRight of action section 138D
For private person?RemovedFor other person?
All rules in COLL  YesNoNo