http://www.legislation.gov.uk/ukpga/2000/8/section/382/2016-03-21Financial 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 Database2026-04-07Expert Participation2016-03-21 Financial Services and Markets Act 2000s. 86(9A)The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019reg. 8(9)reg. 1(2)Financial Services and Markets Act 2000s. 87A(11)The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019reg. 10(5)reg. 1(2)Financial Services and Markets Act 2000s. 124(10)(c)(i)The Market Abuse (Amendment) (EU Exit) Regulations 2019reg. 5(11)(b)reg. 1(3)Financial Services and Markets Act 2000s. 129(7)(a)The Market Abuse (Amendment) (EU Exit) Regulations 2019reg. 5(12)(a)(i)reg. 1(3)Financial Services and Markets Act 2000s. 129(7)(c)The Market Abuse (Amendment) (EU Exit) Regulations 2019reg. 5(12)(a)(ii)reg. 1(3)Financial Services and Markets Act 2000Sch. 11A para. 5(3)The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019reg. 38(5)(b)reg. 1(2)Financial Services and Markets Act 2000Sch. 17A para. 12The Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2019reg. 13(1)reg. 1(3)Financial Services and Markets Act 2000Sch. 2A para. 19(2)(b)(iia)Financial Services and Markets Act 2023Sch. 10 para. 19(a)s. 86(1)(e)Financial Services and Markets Act 2000Pt. 20CBank of England and Financial Services Act 2016s. 30(3)s. 41(3)Financial Services and Markets Act 2000Sch. 2A 2BFinancial Services Act 2021s. 23(10)s. 49(5)Financial Services and Markets Act 2000s. 31(1)(aa)Financial Services Act 2021s. 22(2)s. 49(5)Financial Services and Markets Act 2000s. 32AFinancial Services Act 2021s. 22(3)s. 49(5)Financial Services and Markets Act 2000s. 36A and cross-headingFinancial Services Act 2021s. 22(4)s. 49(5)Financial Services and Markets Act 2000s. 32AFinancial Services Act 2021s. 23(10)s. 49(5)Financial Services and Markets Act 2000Sch. 2AFinancial Services Act 2021s. 23(10)s. 49(5)Financial Services and Markets Act 2000Sch. 2BFinancial Services Act 2021s. 23(10)s. 49(5)Financial Services and Markets Act 2000Sch. 2BFinancial Services Act 2021Sch. 7s. 49(5)Financial Services and Markets Act 2000s. 71J and cross-headingFinancial Services Act 2021Sch. 8 para. 4s. 49(5)Financial Services and Markets Act 2000s. 214(5A)Financial Services Act 2021Sch. 8 para. 8s. 49(5)Financial Services and Markets Act 2000s. 367AFinancial Services Act 2021Sch. 8 para. 10s. 49(5)Financial Services and Markets Act 2000s. 395(13)(bc)-(be)Financial Services Act 2021Sch. 8 para. 12(2)(b)s. 49(5)Financial Services and Markets Act 2000s. 395(13)(h)(i)Financial Services Act 2021Sch. 8 para. 12(2)(c)s. 49(5)Financial Services and Markets Act 2000s. 395(14)Financial Services Act 2021Sch. 8 para. 12(3)s. 49(5)Financial Services and Markets Act 2000Sch. 1ZA para. 32(c) and wordFinancial Services Act 2021Sch. 8 para. 18s. 49(5)Financial Services and Markets Act 2000ActWater Act 2014s. 79(4)s. 94(3)Financial Services and Markets Act 2000ActWater Act 2014s. 81(10)s. 94(3)Financial Services and Markets Act 2000s. 398(8)The Securitisation Regulations 2024reg. 34(7)reg. 34(8)(f)reg. 52(3) Sch. 3reg. 2(1)(e)(2)Financial Services and Markets Act 2000s. 427A(3)Enterprise Act 2002 (repealed)Enterprise Act 2002Sch. 17 para. 59s. 249(1)-(3)s. 279Financial Services and Markets Act 2000s. 144B(3)The Credit Institutions and Investment Firms (Miscellaneous Definitions) (Amendment) Regulations 2026reg. 9(3)reg. 1(2)Financial Services and Markets Act 2000s. 192O(1A)The Credit Institutions and Investment Firms (Miscellaneous Definitions) (Amendment) Regulations 2026reg. 10(7)reg. 1(2)Financial Services and Markets Act 2000s. 192Q(5)The Credit Institutions and Investment Firms (Miscellaneous Definitions) (Amendment) Regulations 2026reg. 11(b)reg. 1(2)Financial Services and Markets Act 2000s. 417(1B)-(1E)The Credit Institutions and Investment Firms (Miscellaneous Definitions) (Amendment) Regulations 2026reg. 15(3)reg. 1(2)Financial Services and Markets Act 2000Sch. 19DThe Credit Institutions and Investment Firms (Miscellaneous Definitions) (Amendment) Regulations 2026Sch.reg. 1(2) Part XXV3821The court may, on the application of the appropriate regulator 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 regulator concerned 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 regulator concerned 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 appropriate regulator 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 appropriate regulator, means a requirement—iwhich is imposed by or under this Act or by a qualifying EU provision specified, or of a description specified, for the purposes of this subsection by the Treasury by order; ...iiwhich is imposed by or under any other Act and whose contravention constitutes an offence mentioned in section 402(1); ...iiiwhich is imposed by the Alternative Investment Fund Managers Regulations 2013; orivwhich 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;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—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bin paragraph (b) omit “which the Secretary of State has power to prosecute under this Act”.11The PRA is the “appropriate regulator” in the case of a contravention of—aa requirement that is imposed by the PRA under any provision of this Act,ba 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, orca 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.12In 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.13In the case of a contravention of a requirement where the contravention constitutes an offence under this Act, the “appropriate regulator” is the regulator which has power to prosecute the offence (see section 401).14The FCA is the “appropriate regulator” in the case of a contravention of any other requirement.15The Treasury may by order amend the definition of “appropriate regulator”.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)S. 382 applied (with modifications) (1.4.2013) by The Financial Services Act 2012 (Transitional Provisions) (Enforcement) Order 2013 (S.I. 2013/441), arts. 1(1), 16(2)S. 382 applied (with modifications) (1.4.2013) by The Financial Services Act 2012 (Transitional Provisions) (Enforcement) Order 2013 (S.I. 2013/441), arts. 1(1), 18(3)Words in s. 382(1) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(2) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.Words in s. 382(2) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.Words in s. 382(3) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.Words in s. 382(7) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(4) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.Words in s. 382(9)(a) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(5)(a) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.S. 382(9)(a)(i) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(5)(b) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.Words in s. 382(9)(a)(ii) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(5)(c) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.S. 382(10)(a) omitted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(6) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.S. 382(11)-(15) inserted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 21(7) (with Sch. 20); S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2; S.I. 2013/423, art. 3, Sch.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)Word in s. 382(9)(a) omitted (22.7.2013) by virtue of The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 28(a)S. 382(9)(a)(iii) and word inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 28(b)S. 382 applied (with modifications) (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 3(9)S. 382(9)(a)(iv) and word inserted (1.4.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 3(3); S.I. 2014/377, art. 2(2)(c)Word in s. 382(9)(a)(ii) omitted (1.4.2014) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 3(3); S.I. 2014/377, art. 2(2)(c)S. 382 modified (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), arts. 1(5), 23(1)(c) (with Pt. 4)