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ICOBS Sch 5 Rights of action for damages

ICOBS Sch 5.1G

The table below sets out the rules in ICOBS 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.2

2
ICOBS Sch 5.2G

2If 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 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.

ICOBS Sch 5.3G

2The 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.

ICOBS Sch 5.4G

2Rule

Right of action under Section 138D

For private person?

Removed?

For other person?

All rules in ICOBS with the status letter "E"

No

No

No

Any rule in ICOBS which prohibits an authorised person from seeking to make provision excluding or restricting any duty or liability

Yes

No

Yes

Any other person

ICOBS 8.2.9 R

Yes

No

Yes

Any other person

All other rules in ICOBS

Yes

No

No