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PART 2U.K.Amendments to the Act

CHAPTER 13U.K.Part 25 of the Act: injunctions and restitution

IntroductionU.K.

69.  Part 25 of the Act (injunctions and restitution) is amended as follows.

Commencement Information

I1Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Section 380 (injunctions)U.K.

70.—(1) Section 380 M1 (injunctions) is amended as follows.

(2) In subsection (6)(a)(i) M2, for “qualifying EU provision” substitute “ qualifying provision ”.

(3) In subsection (9) M3 for “qualifying EU provision” in both places substitute “ qualifying provision ”.

Commencement Information

I2Reg. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1Section 380 was amended by section 37(1) of, and paragraph 1 of Part 1 and paragraphs 19(1), (2), (3)(a), (3)(b), (3)(c), (4) and (5) of Part 5 of Schedule 9 to, the Financial Services Act 2012, section 141 of, and paragraphs 3(1) and (2) of Schedule 10 to, the Financial Services (Banking Reform) Act 2013, S.I. 2013/1773, 2015/1755 and 2016/225.

M2Subsection (6) was amended by section 37(1) of, and paragraph 1 of Part 1 and paragraphs 19(1), (3)(a), (3)(b), (3)(c) of Part 5 of Schedule 9 to, the Financial Services Act 2012, section 141 of, and paragraphs 3(1) and (2) of Schedule 10 to, the Financial Services (Banking Reform) Act 2013, S.I. 2013/1773, 2015/1755 and 2016/225.

M3Subsection (9) was inserted by section 37(1) of, and paragraph1 of Part 1 and paragraphs 19(1) and (5) of Part 5 of Schedule 9 to, the Financial Services Act 2012.

Section 382 (restitution orders)U.K.

71.—(1) Section 382 M4 (restitution orders) is amended as follows.

(2) In subsection (9)(a)(i) M5, for “qualifying EU provision” substitute “ qualifying provision ”.

(3) In subsection (12) M6, for “qualifying EU provision” in both places substitute “ qualifying provision ”.

Commencement Information

I3Reg. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M4Section 382 was amended by section 37(1) of, and paragraph 1 of Part 1 and paragraphs 21(1), (2), (3), (4), (5)(a), (5)(b), (5)(c), (6), (7) of Part 5 of Schedule 9 to, the Financial Services Act 2012, section 141 of, and paragraphs 3(1), (3) of Schedule 10 to, the Financial Services (Banking Reform) Act 2013 and S.I. 2013/1773.

M5Subsection (9)(a)(i) was amended by S.I. 2013/1773.

M6Subsection (12) was inserted by section 37(1), and paragraph 1 of Part 1 and paragraphs 21(1) and (7) of Part 5 of Schedule 9 to, the Financial Services Act 2012.

Section 384 (power of FCA or PRA to require restitution)U.K.

72.—(1) Section 384 M7 (power of FCA or PRA to require restitution) is amended as follows.

(2) In subsection (7)(a) M8, for “qualifying EU provision” substitute “ qualifying provision ”.

(3) In subsection (10) M9 for “qualifying EU provision” in both places substitute “ qualifying provision ”.

Commencement Information

I4Reg. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M7Section 384 was amended by section 37(1) of, and paragraph 1 of Part 1 and paragraphs 23(1), (2)(a), (2)(b), (4)(a), (4)(b), (5), (6)(a), (6)(b), (7), (8), (9) and (10) of Part 5 of Schedule 9 to, the Financial Services Act 2012, section 141 of, and paragraphs 3(1) and (4) of Schedule 10 to, the Financial Services (Banking Reform) Act 2013, S.I. 2007/126 and 2016/680.

M8Subsection (7) was amended by section 37(1) of, and paragraph 1 of Part 1 and paragraphs 23(1), (6)(a) and (6)(b) of Part 5 of Schedule 9 to, the Financial Services Act 2012, section 141 of, and paragraphs 3(1) and (4) of Schedule 10 to, the Financial Services (Banking Reform) Act 2013 and S.I. 2007/126.

M9Subsection (10) was inserted by section 37(1) of, and paragraph 1 of Part 1 and paragraphs 23(1) and (8) of Part 5 of Schedule 9 to, of the Financial Services Act 2012.