AI Summary of Schedule 1ZA, Part 4 Miscellaneous (paras. 25-29)
Paragraph 25 exempts the FCA, its members, officers and staff, and persons vicariously liable for their conduct, from damages for acts or omissions in the discharge or purported discharge of FCA functions. Sub‑paragraph (1A) includes functions under Part 5 of the Financial Services (Banking Reform) Act 2013 and Part 3 of the Finance Act 2022; acts under appointments made under sections 166–169 are treated as FCA functions. The exemption does not apply to acts in bad faith or to unlawful acts under section 6(1) of the Human Rights Act 1998. Paragraphs 26–27 treat accredited financial investigators acting for the FCA as exercising its functions and make non‑fee rule payments recoverable as a debt.
Paragraphs 28–29 set consultation and parliamentary engagement duties. When the FCA issues a relevant consultation (including draft rules under section 138I and other proposals) it must promptly notify the chairs of the Treasury Committee, a notified Lords committee and any notified Joint Committee, specifying parts addressing advancement of operational objectives (including competitiveness and growth as a secondary objective), compatibility with the strategic objective, regard to regulatory principles in section 3B and matters under regulations made under section 138EA. If a public consultation elicits committee representations, the FCA must give a written response to the committee chair unless another enactment requires the response or publication would be against the public interest; provisions cover committee identity and Speaker determination.
Schedule 1ZA, Part 4 Miscellaneous (paras. 25-29)
Exemption from liability in damages
(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 -
(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.
(1A) In sub-paragraph (1) the reference to the FCA's functions includes its functions under -
(a) Part 5 of the Financial Services (Banking Reform) Act 2013 (regulation of payment systems);