383 Restitution orders in cases of market abuse
383 Restitution orders in cases of market abuse

[(1)     The court may, on the application of the FCA, make an order under subsection (4) if it is satisfied that—

(a)     a person (“the person concerned”) has contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation; and

(b)     the condition mentioned in subsection (2) is fulfilled.]

(2)     The condition is—

(a)     that profits have accrued to the person concerned as a result; or

(b)     that one or more persons have suffered loss or been otherwise adversely affected as a result.

(3)     . . .

(4)     The court may order the person concerned to pay to the [FCA] such sum as appears to the court to be just having regard—