C5C8 Part XXV Injunctions and Restitution
Pt. 25 applied (with modifications) (E.W.) (9.7.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 (S.I. 2013/1635), regs. 1, 24(1)
Injunctions
C1C6C7C9C10380 Injunctions.
1
C2If, on the application of the F1appropriate regulator or the Secretary of State, the court is satisfied—
a
that there is a reasonable likelihood that any person will contravene a relevant requirement, or
b
that any person has contravened a relevant requirement and that there is a reasonable likelihood that the contravention will continue or be repeated,
the court may make an order restraining (or in Scotland an interdict prohibiting) the contravention.
C3C22
If on the application of the F1appropriate regulator or the Secretary of State the court is satisfied—
a
that any person has contravened a relevant requirement, and
b
that there are steps which could be taken for remedying the contravention,
the court may make an order requiring that person, and any other person who appears to have been knowingly concerned in the contravention, to take such steps as the court may direct to remedy it.
3
If, on the application of the F1appropriate regulator or the Secretary of State, the court is satisfied that any person may have—
C4a
contravened a relevant requirement, or
b
been knowingly concerned in the contravention of such a requirement,
it may make an order restraining (or in Scotland an interdict prohibiting) him from disposing of, or otherwise dealing with, any assets of his which it is satisfied he is reasonably likely to dispose of or otherwise deal with.
4
The jurisdiction conferred by this section is exercisable by the High Court and the Court of Session.
5
In subsection (2), references to remedying a contravention include references to mitigating its effect.
6
“Relevant requirement”—
a
in relation to an application by the F2appropriate regulator, means a requirement—
i
ii
iv
which is imposed by Part 7 of the Financial Services Act 2012 (offences relating to financial services) and whose contravention constitutes an offence under that Part;F13or
F11v
which is imposed by a provision made in accordance with the transparency obligations directive (within the meaning of section 103(1));
b
in relation to an application by the Secretary of State, means a requirement which is imposed by or under this Act and whose contravention constitutes an offence which the Secretary of State has power to prosecute under this Act.
7
In the application of subsection (6) to Scotland—
F5a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in paragraph (b) omit “which the Secretary of State has power to prosecute under this Act”.
F68
The PRA is the “appropriate regulator” in the case of a contravention of—
a
a requirement that is imposed by the PRA under any provision of this Act,
b
a requirement under section 56(6) where the authorised person concerned is a PRA-authorised person and the prohibition order concerned is made by the PRA, or
c
a requirement under section 59(1) or (2) where the authorised person concerned is a PRA-authorised person and the approval concerned falls to be given by the PRA.
9
In the case of a contravention of a requirement that is imposed by a qualifying EU provision, “the appropriate regulator” is whichever of the PRA or the FCA (or both) is specified by the Treasury by order in relation to the qualifying EU provision for the purposes of this section.
10
In the case of a contravention of a requirement where the contravention constitutes an offence under this Act, the “appropriate regulator” is whichever of the PRA or the FCA has power to prosecute the offence (see section 401).
11
The FCA is the “appropriate regulator” in the case of a contravention of any other requirement.
12
The Treasury may by order amend the definition of “appropriate regulator”.
Pt. 25 amended (1.12.2001) by S.I. 2001/2657, arts. 1(1), 10(10), 11(10) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)
Pt. 25 amended (1.12.2001) by S.I. 2001/3083, arts. 1(2), 10(10), 11(10); S.I. 2001/3538, art. 2(1)
Pt. 25 extended (1.12.2001) by S.I. 2001/3646, arts. 1(1), 3(1)(a)