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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 April 2013 - onwards
Version 3 of 3

Article 2 Remedial injunctions and restitution orders in respect of pre-commencement conduct

(1) Any requirement, condition or prohibition imposed before commencement by or under any of the provisions specified by paragraph (3) is to be treated as a relevant requirement for the purposes of section 380(2) and section 382.

(2) An application under section 380(2) or 382 in relation to a contravention of a requirement mentioned in paragraph (1) may be made only by the FCA or the PRA and only if the contravention occurred before commencement and, in relation to such an application -

(a) section 380(2) has effect subject to paragraphs (4) to (6); and

(b) section 382 has effect subject to paragraphs (7) to (12).

(3) The provisions specified by this paragraph are -

(a) section 3 of the Financial Services Act (prohibition on carrying on investment business without being authorised or exempt);