(1) A contravention -
(a) which is to be taken to have occurred by virtue of regulation 18;
(b) of a requirement imposed by regulation 20, 21, 22 or 24; or
(c) of a requirement imposed by or under Part 5,
is actionable at the suit of a private person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for breach of statutory duty.
(2) A person acting in a fiduciary or representative capacity may bring an action under paragraph (1) on behalf of a private person if any remedy -
(a) will be exclusively for the benefit of the private person; and
(b) cannot be obtained by way of an action brought otherwise than at the suit of the fiduciary or representative.
(3) In this regulation "private person" means -
(a) any individual, except where the individual suffers the loss in question in the course of issuing electronic money or providing payment services; and
(b) any person who is not an individual, except where that person suffers
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