Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

SYSC Sch 5 Rights of action for damages

SYSC Sch 5.1G

The table below sets out the rules in SYSC 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.

SYSC 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 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 No 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.

SYSC 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.

SYSC Sch 5.4G




Right of action under section 138D

For private person?


For other person?

SYSC 2 and SYSC 31



YesSYSC 1 Annex 1.1.12R2



1SYSC 4 to SYSC 10


Yes 2SYSC 1 Annex 1.2.19R2


1SYSC 11 to 3SYSC 19A4, and SYSC 19D5



Yes SYSC 1.4.2 R


6SYSC 22

Yes (apart from SYSC 22.8.1R and SYSC 22.9.1R)

No (apart from SYSC 22.8.1R and SYSC 22.9.1R)


SYSC 23 to SYSC 27