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GEN Sch 5 Rights of action for damages

GEN Sch 5.1G

The table below sets out the rules in GEN contravention of which by an authorised person may be actionable under section 138D1of the Act (Actions for damages) by a person who suffers loss as a result of the contravention.

1
GEN 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 138D1(or, in certain circumstances, his 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 theFCA1 has removed the right of action under section 138D(3)1of the Act. If so, a reference to the rule in which it is removed is also given.

111
GEN Sch 5.3G

The column headed 'For other person?' indicates whether the rule may be actionable by a person other than a private person (or his fiduciary or representative) under article 6(2) and (3) of those Regulations. If so, an indication of the type of person by whom the rule may be actionable is given.

GEN Sch 5.4G

Chapter/Appendix

Section/Annex

Paragraph

Right of action under section 138D1

1

For private person?

Removed

For other person?

All rules in GEN with the status letter "E"

No

No

No

GEN 2.1.8 R

No

No

No

All other rules in GEN

Yes

No

No