(1) If a trader is convicted of an offence under this Act, the relevant authority that brought the proceedings in which the trader was convicted may, on behalf of an aggrieved consumer who consents to the application, apply to the court for an order (a "compensation order") requiring the trader (the "trader concerned") to pay an amount of money the court considers appropriate compensation in respect of any loss or damage to that consumer resulting from that offence.

(2) A compensation order may be instead of or in addition to any fine or penalty the court may impose on the trader concerned.

(3) The compensation payable under a compensation order -

(a) shall be of such amount as the court considers appropriate (though not exceeding the amount set by law as the limit of the court's jurisdiction in tort), having regard to any evidence and to any submissions made by or on behalf of the trader concerned, the aggrieved consumer, the relevant authority or, where the relevant authority is not the prosecutor, the prosecutor, and

(b) shall not exceed the amount of the damages that, in the opinion of the court, the aggrieved consumer would be entitled to recover in an action under section 34 or, as the case may be, section 73 or 95 in respect of the same failure to comply with a requirement of this Act.