SCHEDULES

C9SCHEDULE 1 The Financial Services Authority

Annotations:
Modifications etc. (not altering text)
C9

Sch. 1 extended (17.8.2001) by S.I. 2001/2617, arts. 2(a), 4(3), 8, Sch. 2 para. 2

C7C8Part IV Miscellaneous

Annotations:

Exemption from liability in damages

C1C2C3C4C519

C61

Neither the Authority nor any person who is, or is acting as, a member, officer or member of staff of the Authority is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of the Authority’s functions.

2

Neither the investigator appointed under paragraph 7 nor a person appointed to conduct an investigation on his behalf under paragraph 8(8) is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of his functions in relation to the investigation of a complaint.

3

Neither sub-paragraph (1) nor sub-paragraph (2) applies—

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 M1Human Rights Act 1998.

F1F119A

For the purposes of this Act anything done by an accredited financial investigator within the meaning of the Proceeds of Crime Act 2002 who is—

a

a member of the staff of the Authority, or

b

a person appointed by the Authority under section 97, 167 or 168 to conduct an investigation,

must be treated as done in the exercise or discharge of a function of the Authority.

F2Amounts required by rules to be paid to the Authority

Annotations:
Amendments (Textual)
F2

Sch. 1 para. 19B and preceding cross-heading inserted (8.4.2010) by Financial Services Act 2010 (c. 28), ss. 24(1), 26(1)(g)(l), Sch. 2 para. 34(3)

19B

Any amount (other than a fee) which is required by rules to be paid to the Authority may be recovered as a debt due to the Authority.

Disqualification for membership of House of Commons

20

In Part III of Schedule 1 to the M2House of Commons Disqualification Act 1975 (disqualifying offices), insert at the appropriate place—

Member of the governing body of the Financial Services Authority

.

Disqualification for membership of Northern Ireland Assembly

21

In Part III of Schedule 1 to the M3Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices), insert at the appropriate place—

Member of the governing body of the Financial Services Authority