Home FCA Handbook GEN GEN Sch 5 GEN Sch 5 Rights of action for damages
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GEN Sch 5 Rights of action for damages

01/04/2013G
The table below sets out the rules in GEN contravention of which by an authorised person may be actionable under section 138Dof the Act (Actions for damages) by a person who suffers loss as a result of the contravention.
01/04/2013G
If a 'Yes' appears in the column headed 'For private person?', the rule may be actionable by a 'private person' under section 138D(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 theFCA 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.
01/12/2004G
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.
01/04/2013G
Chapter/AppendixSection/AnnexParagraphRight of action under section 138D
   For private person?RemovedFor other person?
All rules in GEN with the status letter "E"  NoNoNo
GEN 2.1.8 R  NoNoNo
All other rules in GEN  YesNoNo