F1SCHEDULE 1ZAThe Financial Conduct Authority
PART 4Miscellaneous
Exemption from liability in damages
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(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.
F2(1A)
In sub-paragraph (1) the reference to the FCA's functions includes its functions under Part 5 of the Financial Services (Banking Reform) Act 2013 (regulation of payment systems).
(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.