(1) This section applies to a requirement to pay compensation in respect of a regulatory breach.

(2) An adjudicator may require compensation to be paid to an end-user in respect of a regulatory breach notwithstanding that the end-user may have received a refund.

(3) When determining the amount of compensation to be paid by a person in respect of a regulatory breach, an adjudicator shall take account of at least the following factors, to the extent that they are relevant to the breach:

(a) the need to ensure that the compensation is appropriate and proportionate;

(b) the amount of any loss suffered, or costs incurred by any person affected by the breach;

(c) the effect of the breach on any person affected by the breach, including any distress, inconvenience or emotional upset caused by the breach;

(d) whether the regulatory breach continued after the person was served with a notice of suspected non-compliance;

(e) if applicable, the extent and timeliness of any steps taken to end the regulatory breach and any steps taken to remedy the consequences of the regulatory breach;