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To access the FCA Handbook Archive choose a date between 1 January 2001 and 31 December 2004.

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ENF 9.2 Introduction

ENF 9.2.1G

This chapter outlines the FSA's powers to:

  1. (1)

    apply to the court for an order for restitution where a person, whether authorised or not, has breached a relevant requirement of the Act or has been knowingly concerned in such a breach (section 382 of the Act (Restitution orders));

  2. (2)

    apply to the court for an order for restitution where a person, whether authorised or not, has engaged in, required or encouraged others to engage in, market abuse (section 383 of the Act (Restitution orders in cases of market abuse));

  3. (3)

    require restitution by a firm which has contravened a relevant requirement of the Act, or been knowingly concerned in such a contravention (section 384(1) of the Act (Power of FSA to require restitution)); and

  4. (4)

    require restitution where a person, whether authorised or not, has engaged in, or required or encouraged others to engage in, market abuse (section 384(2) of the Act).