SYSC Sch 5 Rights of action for damages
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. |
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. |
Chapter/Appendix |
Section/Annex |
Paragraph |
Right of action under section 138D |
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For private person? |
Removed? |
For other person? |
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1 | No |
2 | No |
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No |
No |
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1SYSC 11 to 3SYSC 19A4, and SYSC 19D5 4 |
No |
Yes SYSC 1.4.2 R |
No |
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Yes (apart from SYSC 22.8.1R and SYSC 22.9.1R) |
No (apart from SYSC 22.8.1R and SYSC 22.9.1R) |
No |
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No |
No |