SCHEDULES
C17F1SCHEDULE 1ZAThe Financial Conduct Authority
Sch. 1ZA applied (with modifications) (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 1 paras. 2(2)(a), 5(1)(2) (with art. 3)
C11PART 4Miscellaneous
Sch. 1ZA Pt. 4 modified (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), regs. 1(2), 46(9), 63(8) (with regs. 8, 15)
Exemption from liability in damages
C1C2C5C4C3C6C7C9C8C10C14C15C12C13C16C18C19C2025
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.
F21A
In sub-paragraph (1) the reference to the FCA's functions includes its functions under
F3a
Part 5 of the Financial Services (Banking Reform) Act 2013 (regulation of payment systems),
F4b
Part 3 of the Finance Act 2022 (economic crime (anti-money laundering) levy).
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.
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.