SCHEDULE 1Application and modification of the Financial Services and Markets Act 2000 and secondary legislation
Injunctions and restitution5
1
Part 25 of the Act M1 (injunctions and restitution) applies in respect of a requirement imposed under these Regulations as it applies in respect of a relevant requirement, with the modifications set out in this paragraph.
2
Part 25 applies as if—
a
each reference to the Act included a reference to these Regulations;
b
each reference to a section of the Act were a reference to that section as applied by these Regulations;
c
each reference to a regulator, the regulator concerned or the appropriate regulator were a reference to the FCA;
d
references to the Secretary of State were omitted;
e
each reference to a relevant requirement were a reference to a requirement which is imposed by or under these Regulations, or the Act as applied by these Regulations;
f
each reference to an authorised person included a reference to an unauthorised person.
3
Section 380 (injunctions) applies as if subsections (6) to (12) were omitted.
4
Section 381 (injunctions in cases of market abuse) does not apply.
5
Section 382 (restitution orders) applies as if subsections (9) to (15) were omitted.
6
Section 383 (restitution orders in cases of market abuse) does not apply.
7
Section 384 (power of FCA or PRA to require restitution) applies as if—
a
subsections (2) and (3) and references to those subsections were omitted;
b
subsections (7) to (13) were omitted.