Regulation 21 Injunctions

England, Wales and Scotland

(1)

Paragraphs (3) and (4) apply if, on the application of the Authority, the court is satisfied—

(a)

that there is a reasonable likelihood that any person will fail to comply with a REMIT requirement; or

(b)

that any person is failing or has failed to comply with a REMIT requirement and that there is a reasonable likelihood that the failure to comply will continue or be repeated.

(2)

Paragraph (3) also applies if, on the application of the Authority, the court is satisfied—

(a)

that there is a reasonable likelihood that any person will fail to comply with a requirement imposed by or under regulation 8; or

(b)

that any person is failing or has failed to comply with a requirement imposed by or under regulation 8 and that there is a reasonable likelihood that the failure to comply will continue or be repeated.

F1(2A)

Paragraph (3) also applies if, on the application of the Authority, the court is satisfied—

(a)

that there is a reasonable likelihood that any person will fail to comply with a regulation 39 requirement; or

(b)

that any person is failing or has failed to comply with a regulation 39 requirement.

(3)

The court may make an order restraining (or in Scotland an interdict prohibiting) the failure to comply.

(4)

The court may make an order imposing on that person a temporary prohibition of professional activity.

(5)

If, on the application of the Authority, the court is satisfied—

(a)

that any person (“FP”) is failing or has failed to comply with—

(i)

a REMIT requirement; F2...

(ii)

a requirement imposed by or under regulation 8F3; or

F4(iii)

a regulation 39 requirement, and

(b)

that there are steps which could be taken for remedying the failure to comply;

the court may make an order requiring FP to take such steps as the court may direct to remedy it.

(6)

Paragraph (7) applies if, on the application of the Authority, the court is satisfied that any person—

(a)

may be failing to comply with a REMIT requirement; or

(b)

may have failed to comply with a REMIT requirement.

(7)

The court may make an order restraining (or in Scotland an interdict prohibiting) the person concerned (“FP”) from disposing of, or otherwise dealing with, any assets of FP which it is satisfied that FP is reasonably likely to dispose of, or otherwise deal with.

(8)

The jurisdiction conferred by this regulation is exercisable by the High Court and the Court of Session.

(9)

In paragraph (5), references to remedying any failure to comply with a requirement include references to mitigating its effect.

Annotations

Textual amendments

F1: Reg. 21(2A) inserted (1.7.2015) by The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) (Amendment) Regulations 2015 (S.I. 2015/862), regs. 1(1), 12(1)
F2: Word in reg. 21(5)(a)(i) omitted (1.7.2015) by virtue of The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) (Amendment) Regulations 2015 (S.I. 2015/862), regs. 1(1), 12(2)(a)
F3: Word in reg. 21(5)(a)(ii) substituted (1.7.2015) by The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) (Amendment) Regulations 2015 (S.I. 2015/862), regs. 1(1), 12(2)(b)
F4: Reg. 21(5)(a)(iii) inserted (1.7.2015) by The Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) (Amendment) Regulations 2015 (S.I. 2015/862), regs. 1(1), 12(2)(c)