InjunctionsU.K.
This section has no associated Explanatory Memorandum
54.—(1) If, on the application of the Authority, the court is satisfied—
(a)that there is a reasonable likelihood that any person will contravene a requirement imposed by or under these Regulations; ...
(b)that any person has contravened such a requirement and that there is a reasonable likelihood that the contravention will continue or be repeated,
[(c)that there is a reasonable likelihood that an electronic money institution will contravene a requirement imposed on it by or under section 312R of the 2000 Act; or
(d)that an electronic money institution has contravened such a 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.
(2) If, on the application of the Authority, the court is satisfied—
(a)that any person has contravened a requirement imposed by or under these Regulations [or an electronic money institution has contravened a requirement imposed on it by or under section 312R of the 2000 Act]; and
(b)that there are steps which could be taken for remedying the contravention,
the court may make an order requiring that person [or institution], 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 Authority, the court is satisfied that any person may have—
(a)contravened a requirement imposed by or under these Regulations; ...
[(aa)in the case of an electronic money institution, contravened a requirement imposed on it by or under section 312R of the 2000 Act; or]
(b)been knowingly concerned in the contravention of [a requirement described in sub-paragraph (a) or (aa)],
it may make an order restraining (or, in Scotland, an interdict prohibiting) them from disposing of, or otherwise dealing with, any assets of theirs which it is satisfied that they are reasonably likely to dispose of or otherwise deal with.
(4) The jurisdiction conferred by this regulation is exercisable by the High Court and the Court of Session.
(5) In paragraph (2), references to remedying a contravention include references to mitigating its effect.