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The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013

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PART 7Injunctions and restitution

Application of Part 25 of the 2000 Act

24.—(1) Part 25 (injunctions and restitution)(1) of the 2000 Act applies for the purposes of these Regulations with the following modifications.

(2) In section 380 (injunctions)—

(a)in subsections (1), (2) and (3) omit “or the Secretary of State”;

(b)for subsection (6) substitute—

“(6) “Relevant requirement” means—

(a)in relation to a referral fees authorised person (see subsection (6A))—

(i)a restriction imposed by section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(ii)any requirement imposed by or under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 (“the 2013 Regulations”);

(b)in relation to any other person, any requirement imposed by or under the 2013 Regulations.

(6A) In subsection (6)(a) “referral fees authorised person” has the meaning given in regulation 2 of, and the Schedule to, the 2013 Regulations.”

(c)omit subsections (7) to (10) and (12);

(d)in subsection (11) for “other” substitute “relevant”.

(3) Omit section 381 (injunctions in cases of market abuse).

(4) In section 382 (restitution orders)—

(a)in subsections (1) and (7) omit “or the Secretary of State”;

(b)for subsection (9) substitute—

“(9) “Relevant requirement” means—

(a)in relation to a referral fees authorised person (see subsection (9A))—

(i)a restriction imposed by section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(ii)any requirement imposed by or under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 (“the 2013 Regulations”);

(b)in relation to any other person, any requirement imposed by or under the 2013 Regulations.

(9A) In subsection (9)(a) “referral fees authorised person” has the meaning given in regulation 2 of, and the Schedule to, the 2013 Regulations.”;

(c)omit subsections (10) to (13) and (15);

(d)in subsection (14) for “other” substitute “relevant”.

(5) Omit section 383 (restitution orders in cases of market abuse).

(6) In section 384 (power of FCA or PRA to require restitution)—

(a)omit subsections (2) to (4);

(b)in subsection (5)—

(i)for “subsections (1) and (2)” substitute “subsection (1)”;

(ii)in paragraphs (a), (b) and (c) omit “or (3)”;

(c)omit “or (3)” in paragraphs (a) and (b) of subsection (6);

(d)for subsection (7) substitute—

“(7) “Relevant requirement” means—

(a)in relation to a referral fees authorised person (see subsection (7A))—

(i)a restriction imposed by section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(ii)any requirement imposed by or under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 (“the 2013 Regulations”);

(b)in relation to any other person, any requirement imposed by or under the 2013 Regulations.

(7A) In subsection (7)(a) “referral fees authorised person” has the meaning given in regulation 2 of, and the Schedule to, the 2013 Regulations.”;

(e)omit subsections (9) to (11) and (13);

(f)in subsection (12) for “other” substitute “relevant”.

(1)

Part 25 was amended by Schedule 9 to the Financial Services Act 2012, S.I. 2007/126 and S.I. 2011/1613.

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