ICOBS Sch 5 Rights of action for damages
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.
2Rule |
Right of action under Section 138D |
|||
For private person? |
Removed? |
For other person? |
||
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 |
Yes |
No |
Yes |
Any other person |
|
Yes |
No |
No |