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Status: You are viewing the version of the handbook as on 2009-03-31.

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 150 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 150 (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 FSA has removed the right of action under section 150(2) 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

Chapter/Appendix

Section/Annex

Paragraph

Right of action under section 150

For private person?

Removed?

For other person?

SYSC 2 and SYSC 31

1

No

Yes

SYSC 1.1.12 R

No

1SYSC 4 to SYSC 10

No

Yes SYSC 1.3.12 R

No

1SYSC 11 to SYSC 18

No

Yes SYSC 1.4.2 R

No