PART 7GENERAL
Actions for breach of requirements
Right to bring actions72
1
A contravention—
a
which is to be taken to have occurred by virtue of regulation 18;
b
of a requirement imposed by regulation 20, 21, 22 or 24; or
c
of a requirement imposed by or under Part 5,
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 person acting in a fiduciary or representative capacity may bring an action under paragraph (1) on behalf of a private person if any remedy—
a
will be exclusively for the benefit of the private person; and
b
cannot be obtained by way of an action brought otherwise than at the suit of the fiduciary or representative.
3
In this regulation “private person” means—
a
any individual, except where the individual suffers the loss in question in the course of issuing electronic money or providing payment services; and
b
any person who is not an individual, except where that person suffers the loss in question in the course of carrying on business of any kind,
but does not include a government, a local authority (in the United Kingdom or elsewhere) or an international organisation.