http://www.legislation.gov.uk/ukpga/2000/8/section/382/2002-08-21Financial Services and Markets Act 2000An Act to make provision about the regulation of financial services and markets; to provide for the transfer of certain statutory functions relating to building societies, friendly societies, industrial and provident societies and certain other mutual societies; and for connected purposes.2000-06-15texttext/xmlenStatute Law Database2026-04-072002-07-18 Part XXV Injunctions and Restitution Restitution orders Restitution orders.3821The court may, on the application of the Authority or the Secretary of State, make an order under subsection (2) if it is satisfied that a person has contravened a relevant requirement, or been knowingly concerned in the contravention of such a requirement, and—athat profits have accrued to him as a result of the contravention; orbthat one or more persons have suffered loss or been otherwise adversely affected as a result of the contravention.2The court may order the person concerned to pay to the Authority such sum as appears to the court to be just having regard—ain a case within paragraph (a) of subsection (1), to the profits appearing to the court to have accrued;bin a case within paragraph (b) of that subsection, to the extent of the loss or other adverse effect;cin a case within both of those paragraphs, to the profits appearing to the court to have accrued and to the extent of the loss or other adverse effect.3Any amount paid to the Authority in pursuance of an order under subsection (2) must be paid by it to such qualifying person or distributed by it among such qualifying persons as the court may direct.4On an application under subsection (1) the court may require the person concerned to supply it with such accounts or other information as it may require for any one or more of the following purposes—aestablishing whether any and, if so, what profits have accrued to him as mentioned in paragraph (a) of that subsection;bestablishing whether any person or persons have suffered any loss or adverse effect as mentioned in paragraph (b) of that subsection and, if so, the extent of that loss or adverse effect; andcdetermining how any amounts are to be paid or distributed under subsection (3).5The court may require any accounts or other information supplied under subsection (4) to be verified in such manner as it may direct.6The jurisdiction conferred by this section is exercisable by the High Court and the Court of Session.7Nothing in this section affects the right of any person other than the Authority or the Secretary of State to bring proceedings in respect of the matters to which this section applies.8“Qualifying person” means a person appearing to the court to be someone—ato whom the profits mentioned in subsection (1)(a) are attributable; orbwho has suffered the loss or adverse effect mentioned in subsection (1)(b).9“Relevant requirement”—ain relation to an application by the Authority, means a requirement—iwhich is imposed by or under this Act; oriiwhich is imposed by or under any other Act and whose contravention constitutes an offence which the Authority has power to prosecute under this Act;bin 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.10In the application of subsection (9) to Scotland—ain paragraph (a)(ii) for “which the Authority has power to prosecute under this Act” substitutementioned in paragraph (a) or (b) of section 402(1); and bin paragraph (b) omit “which the Secretary of State has power to prosecute under this Act”.S. 382 extended (with modifications) (1.12.2001) by S.I. 2001/2657, arts. 1(1), 2 (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)S. 382 extended (with modifications) (1.12.2001) by S.I. 2001/3083, arts. 1(2), 2; S.I. 2001/3538, art. 2(1)S. 382 modified (18.7.2002 for certain purposes and 21.8.2002 otherwise) by The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (S.I. 2002/1775), regs. 1, 12(2)S. 382(3)-(5)(8) applied (with modifications) (26.11.2001) by S.I. 2001/3755, regs. 1, 9(7)(9) (with regs. 39, 45)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)