Home FCA Handbook FUND FUND Sch 3 FUND Sch 3 Rights of action for damages
You are viewing FUND Sch 3 Rights of action for damages as of . FUND Sch 3 Rights of action for damages was last updated on 22/07/2013.

FUND Sch 3 Rights of action for damages

22/07/2013G
The table below sets out the rules in FUND where contravention 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 138F(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.
22/07/2013G

1. Actions for damages: Investment Funds sourcebook

Chapter/ AppendixSection/ AnnexParagraphRight of action section 138D
For private person?RemovedFor other person
All rules in FUND  YesNoNo