235. Enforceable undertakings
(1) The Regulator may accept a written undertaking from a person against whom action could be taken under these Regulations or any Rules made under these Regulations.
(2) An undertaking under subsection (1) may incorporate an agreement by the person making the undertaking —
(a) to pay any sum to any person (including the Regulator); and
(b) to take remedial action.
(3) The person may withdraw or vary the undertaking at any time, but only with the consent of the Regulator.
(4) If the Regulator considers that the person who gave the undertaking has been in breach of any of its terms, it may apply to the Court for an order under subsection (5).
(5) If the Court is satisfied that the person has been in breach of a term of the undertaking, the Court may make all or any of the following orders —
(a) an order directing the person to comply with that term of the undertaking;
(b) an order directing the person to pay to any person or to the Regulator an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;
(c) any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach; or
(d) any other order that the Court considers appropriate.