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RDG
online Restitution Discussion Group Archives |
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From
the Financial
Services and Markets Act 2000 (this section not yet in force):
Restitution orders
382. - (1) The 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-
(a)
that profits have accrued to him as a result of the contravention; or
(b)
that one or more persons have suffered loss or been otherwise adversely
affected as a result of the contravention.
(2) The court may order the person
concerned to pay to the Authority such sum as appears to the court to
be just having regard-
(a)
in a case within paragraph (a) of subsection (1), to the profits appearing
to the court to have accrued;
(b)
in a case within paragraph (b) of that subsection, to the extent of the
loss or other adverse effect;
(c)
in 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. (etc) <== Previous message Back to index Next message ==> |
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