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Small and Medium Sized Business (Credit Information) Regulations 2015 [SI 2015 No. 1945]Introductory TextPart 1 Introductory provisions (regs. 1-2)Regulation 1 Citation and commencementRegulation 2 InterpretationPart 2 Provision of credit information about small and medium sized businesses by banks and credit reference agencies (regs. 3-8)Regulation 3 Designated banks to provide information to designated credit reference agenciesRegulation 4 Requests for information by credit reference agenciesRegulation 5 Agreement by customers of banksRegulation 6 Designated credit reference agencies to provide information to finance providersRegulation 7 Designated credit reference agencies to provide information to the Bank of EnglandRegulation 8 Right of action for failure to provide informationPart 3 Designation of banks and credit reference agencies (regs. 9-14)Regulation 9 Power to designate banks and credit reference agencies and to revoke designationsRegulation 10 Criteria for the designation of a bankRegulation 11 Consultation before designation of a bankRegulation 12 Criteria for the designation of a credit reference agencyRegulation 13 Consultation before designation of a credit reference agencyRegulation 14 Record of designated banks and credit reference agenciesPart 4 Access to and correction of information (regs. 15-16)Regulation 15 Access to and correction of information for individuals and small firmsRegulation 16 Right of action in relation to inaccurate informationPart 5 Complaints about designated credit reference agencies (reg. 17)Regulation 17 Extension of the jurisdiction of the Financial Ombudsman Scheme to designated credit reference agenciesPart 6 Monitoring of compliance and enforcement (regs. 18-46)Chapter 1 The FCA (regs. 18-22)Regulation 18 Functions of the FCARegulation 19 Monitoring and enforcementRegulation 20 Guidance and consultationRegulation 21 Fees and penaltiesRegulation 22 Exemption from liability in damagesChapter 2 Reporting and information (regs. 23-25)Regulation 23 Reporting requirementsRegulation 24 Record keepingRegulation 25 Restrictions on disclosure of informationChapter 3 Investigatory powers (regs. 26-27)Regulation 26 Information gathering and investigations under Part 11 of the 2000 ActRegulation 27 Protected informationChapter 4 Disciplinary measures (regs. 28-30)Regulation 28 Public censureRegulation 29 Financial penaltiesRegulation 30 Limitations on permission to carry on regulated activitiesChapter 5 Injunctions and restitution (regs. 31-33)Regulation 31 InjunctionsRegulation 32 Power of FCA to require restitutionRegulation 33 Restitution ordersChapter 6 Misleading the FCA (regs. 34-38)Regulation 34 Offence of misleading the FCARegulation 35 Restriction on penaltiesRegulation 36 Liability of officers of bodies corporate etcRegulation 37 Proceedings for offenceRegulation 38 Further provisions relating to proceedings for offenceChapter 7 Procedure (regs. 39-44)Regulation 39 Requirement to issue warning noticeRegulation 40 Requirement to issue decision noticeRegulation 41 Third party rightsRegulation 42 Service of noticesRegulation 43 Statements of policyRegulation 44 Application of Part 26 of the 2000 ActChapter 8 Referral to the Tribunal (regs. 45-46)Regulation 45 Referral to TribunalRegulation 46 The TribunalPart 7 Review (reg. 47)Regulation 47 ReviewSchedule - Credit informationSignatureExplanatory NoteExplanatory MemorandumImpact Assessments
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2016 - onwards
Version 2 of 2

Regulation 8 Right of action for failure to provide information

A failure by a designated bank to comply with an obligation arising under regulation 3, or by a designated credit reference agency to comply with regulation 6, is actionable at the suit of a person who suffers loss as a result of such failure, subject to the defences and other incidents applying to actions for breach of statutory duty.

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