PART 9The Financial Conduct Authority
Supervision and enforcement
Injunctions113
1
If, on the application of the FCA, the court is satisfied—
a
that there is a reasonable likelihood that any person will contravene a requirement imposed by or under these Regulations; F1...
b
that any person has contravened such a requirement and that there is a reasonable likelihood that the contravention will continue or be repeated,
F2c
that there is a reasonable likelihood that an authorised payment institution, small payment institution, or registered account information services provider will contravene a requirement imposed on it by or under section 312R of the 2000 Act; or
d
that an authorised payment institution, small payment institution, or registered account information services provider 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 FCA, the court is satisfied—
a
that any person has contravened a requirement imposed by or under these Regulations F3or an authorised payment institution, small payment institution, or registered account information services provider 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 F4 or institution or provider, 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 FCA, the court is satisfied that any person may have—
a
contravened a requirement imposed by or under these Regulations; F5...
F6aa
in the case of an authorised payment institution, small payment institution, or registered account information services provider contravened a requirement imposed on it by or under section 312R of the 2000 Act; or
b
been knowingly concerned in the contravention of F7a 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 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.