33.—(1) Liability for breach of an obligation under any rule of law to take care or exercise skill in the performance of any investment functions, where the function is exercisable—
(a)by a trustee of a trust scheme, or
(b)by a person to whom the function has been delegated under Article 34,
cannot be excluded or restricted by an instrument or agreement.
(2) In this Article, references to excluding or restricting liability include—
(a)making the liability or its enforcement subject to restrictive or onerous conditions,
(b)excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy, or
(c)excluding or restricting rules of evidence or procedure.
(3) This Article does not apply—
(a)to a scheme falling within any prescribed class or description, or
(b)to any prescribed description of exclusion or restriction.