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Financial Services and Markets Act 2000

Section 71: Actions for damages

154.If a private person suffers a loss because an authorised person has acted in breach of the duty under section 56(6) or 59(1) or (2) (failing to take care to prevent a person carrying out functions in contravention of a prohibition under section 56, or without obtaining the Authority’s approval under section 59) he may bring an action for damages against the authorised person (or an exempt person or person to whom clause 327(1) applies in the case of a contravention under section 56(6)).  Subsections (2) and (3) confer powers on the Treasury, by regulations, to define a “private person” and to specify circumstances in which this section applies to a person other than a private person.

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