Status: You are viewing the version of the handbook as on 2012-07-01.

TC Sch 5 Rights of action for damages

TC Sch 5.1G

The table below sets out the rules in TC 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.1

TC 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). 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.

TC Sch 5.3G

The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person (or his fiduciary or representative). If so, an indication of the type of person by whom the rule is actionable is given.

TC Sch 5.4G

Table: Actions for damages: Training and Competence sourcebook

Right of action under section 138D




For private person


For other person

Rules in TC1



Yes TC 1.2.1 R1