38.—(1) If, on the application of the Authority, the court is satisfied that—
(a)there is a reasonable likelihood that any person will contravene a requirement imposed by or under these Regulations; or
(b)any person 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 that—
(a)any person has contravened a requirement imposed by or under these Regulations; and
(b)there are steps which could be taken for remedying the contravention,
the court may make an order requiring that person, 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) The jurisdiction conferred by this regulation is exercisable—
(a)in England and Wales and Northern Ireland, by the High Court, and
(b)in Scotland, by the Court of Session.
(4) In paragraph (2), references to remedying a contravention include references to mitigating its effect.