{
  "url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-financial-promotion-amendment-order-2023/schedule/paragraph-12",
  "json_url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-financial-promotion-amendment-order-2023/schedule/paragraph-12.json",
  "legislation": "ukdsi/2023/9780348246490",
  "legislation_title": "The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023",
  "legislation_url": "https://openlegislation.uk/draft-financial-services-and-markets-act-2000-financial-promotion-amendment-order-2023",
  "path": "schedule/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": "Modification to section 138D (actions for damages)",
  "text": "Section 138D (actions for damages) applies as if—\n(a) in subsection (2), for “an authorised person” there was substituted “a registered person”;\n(b) in subsection (4), “(1) or” was omitted;\n(c) subsection (5) was omitted;\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "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."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2023/9780348246490/schedule/paragraph/12",
    "retrieved_at": "2026-10-30T14:43:39.135798+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}