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12. Section 138D (actions for damages)(1) applies as if—
(a)in subsection (2), for “an authorised person” there was substituted “a registered person”;
(b)in subsection (4), “(1) or” was omitted;
(c)subsection (5) was omitted;
(d)“(and so the contravention by an authorised person of a rule is actionable at the suit of a person who falls within that definition and who suffers loss as a result of that contravention)” was omitted from regulation 6 (rules) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001.
Section 138D was inserted by section 24(1) of the Financial Services Act 2012 and amended by paragraph 8 of Schedule 3 to the Financial Services (Banking Reform) Act 2013 and S.I. 2013/1388.
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