[138D Actions for damages]
[138D Actions for damages]

[(1)     A rule made by the PRA may provide that contravention of the rule is actionable at the suit of a private person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for breach of statutory duty.

(2)     A contravention by an authorised person of a rule made by the FCA is actionable at the suit of a private person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for breach of statutory duty.

(3)     If rules made by the FCA so provide, subsection (2) does not apply to a contravention of a specified provision of the rules.