236. Injunctions: general

(1) Where a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute —
(a) a contravention of these Regulations or any Rules made under these Regulations;
(b) an attempt to contravene these Regulations or any Rules made under these Regulations;
(c) aiding, abetting, counselling or procuring a person to contravene these Regulations or any Rules made under these Regulations;
(d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene these Regulations or any Rules made under these Regulations;
(e) being in any way, directly or indirectly, Knowingly Concerned in, or party to, the contravention by a person of these Regulations or any Rules made under these Regulations; or
(f) conspiring with others to contravene these Regulations or any Rules made under these Regulations;
the Court may, on the application of the Regulator, or of a person whose interests have been, are, or would be affected by the conduct, make one or more of the orders set out in subsection (2).
(2) The Court may, in accordance with subsection (1), make any of the following orders —
(a) an order restraining the person from engaging in the conduct including, but not limited to, engaging in conduct that may constitute a contravention of these Regulations or any Rules made under these Regulations;
(b) an order requiring that person to do any act or thing including, but not limited to, acts or things to remedy the contravention or to minimise loss or damage; or
(c) any other order as the Court sees fit.
(3) Where a person ("A") has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that A is required to do by these Regulations or any Rules made under these Regulations, the Court may, on the application of —
(a) the Regulator; or
(b) any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing;
grant an injunction on such terms as the Court thinks appropriate, requiring A to do that act or thing.
(4) The power of the Court to grant an injunction restraining a person ("A") from engaging in conduct under subsection (2) may be exercised —
(a) whether or not it appears to the Court that A intends to engage again, or to continue to engage, in conduct of that kind;
(b) whether or not A has previously engaged in conduct of that kind; or
(c) whether or not there is an imminent danger of substantial damage to any person if A engages in conduct of that kind.
(5) The power of the Court to grant an injunction requiring a person ("A") to do an act or thing in accordance with subsections (2) or (3) may be exercised —
(a) whether or not it appears to the Court that A intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;
(b) whether or not A has previously refused or failed to do that act or thing; and
(c) whether or not there is an imminent danger of substantial damage to any person if A refuses or fails to do that act or thing.
(6) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).
(7) The Court may discharge or vary an injunction granted under this section.
(8) In proceedings under this section against a person the Court may make an order under section 237 in respect of the person.