SCHEDULES

F1SCHEDULE 1ZAThe Financial Conduct Authority

Annotations:
Amendments (Textual)
F1

Schs. 1ZA, 1ZB substituted for Sch. 1 (24.1.2013 for specified purposes, 19.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 3 (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c)(2), Sch. Pts. 2, 3, 4; S.I. 2013/423, art. 3, Sch.

PART 4Miscellaneous

Exemption from liability in damages

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1

None of the following is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of the FCA's functions—

a

the FCA;

b

any person (“P”) who is, or is acting as, a member, officer or member of staff of the FCA;

c

any person who could be held vicariously liable for things done or omitted by P, but only in so far as the liability relates to P's conduct.

2

Anything done or omitted by a person mentioned in sub-paragraph (1)(a) or (b) while acting, or purporting to act, as a result of an appointment under any of sections 166 to 169 is to be taken for the purposes of sub-paragraph (1) to have been done or omitted in the discharge, or as the case may be purported discharge, of the FCA's functions.

3

Sub-paragraph (1) does not apply—

a

if the act or omission is shown to have been in bad faith, or

b

so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998.