Section 384(5)

The power referred to in subsections (1) and (2) is a power to require the person concerned, in accordance with such arrangements as the regulator exercising the power (“the regulator concerned”) considers appropriate, to pay to the appropriate person or distribute among the appropriate persons such amount as appears to the regulator concerned to be just having regard— in a case within paragraph (a) of subsection (1) or (3), to the profits appearing to the regulator concerned to have accrued; in a case within paragraph (b) of subsection (1) or (3), to the extent of the loss or other adverse effect; in a case within paragraphs (a) and (b) of subsection (1) or (3), to the profits appearing to the regulator concerned to have accrued and to the extent of the loss or other adverse effect.

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Source: legislation.gov.uk · retrieved 2026-09-04