665.This section gives the court the power, on the application of the Authority or the Secretary of State, to order restitution to be paid by a person who has contravened a requirement or been knowingly involved in a contravention.  The court must be satisfied that the contravention has led either to the person ordered to pay restitution accruing profits or to others suffering loss or being adversely affected in other ways.  It is possible for an application for a restitution order to be combined with an application for an injunction.
666.Under subsection (2), the court has discretion to decide what is an appropriate sum for a person to have to pay taking into account the size of any profits which have accrued and the extent to which persons have suffered loss or been adversely affected.  The restitution is initially paid to the Authority, but the Authority is then required to distribute the money among people chosen by the court.  These must be those people  who appear to the court to have been directly affected by the contravention, or to whom the profits may be attributed, for example because it was their funds that were used to make a particular investment which gave rise to the profits.
667.Subsections (4) and (5) give the court powers to require further information from potential recipients of restitution orders to assist the court in determining what profits have accrued to them, to what extent others have been affected by a contravention or how to distribute the money.  The court may also require this information to be verified.
668.Subsection (7) provides that the fact that the Authority or the Secretary of State has made an application under this section for a restitution order does not prevent someone taking a private action for restitution in respect of the same matter.  The court is likely to have regard to the question of whether any payments have already been made by a person in determining whether to order restitution in any particular case.
669.The range of requirements the contravention of which can give rise to an application to the courts under this section for a restitution order is the same as for injunctions under section 380.  These are set out in subsection (9).
Commentary on Sections Part Xxv: Injunctions and Restitution Section 382: Restitution orders