Modifications etc. (not altering text)
C1Pt. 5 modified (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 32(4)
40.—(1) If, on an application made by—
(a)a designated authority; or
(b)a local weights and measures authority or DETI pursuant to arrangements made with the [F1Authority]—
(i)by or on behalf of the authority; or
(ii)by DETI,
it appears to the court that a person (the “information defaulter”) has failed to do something that he was required to do under regulation 37(1), the court may make an order under this regulation.
(2) An order under this regulation may require the information defaulter—
(a)to do the thing that he failed to do within such period as may be specified in the order;
(b)otherwise to take such steps to remedy the consequences of the failure as may be so specified.
(3) If the information defaulter is a body corporate, a partnership or an unincorporated body of persons which is not a partnership, the order may require any officer of the body corporate, partnership or body, who is (wholly or partly) responsible for the failure to meet such costs of the application as are specified in the order.
(4) In this regulation, “court” means—
(a)in England and Wales and Northern Ireland, the High Court or the county court;
(b)in Scotland, the Court of Session or the sheriff [F2court].
Textual Amendments
F1Word in reg. 40(1)(b) substituted (26.7.2013 for specified purposes) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 31(10)
F2Word in reg. 40(4)(b) inserted (15.12.2007) by The Money Laundering (Amendment) Regulations 2007 (S.I. 2007/3299), regs. 1, 2(d)