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EG 10.1 2Introduction

EG 10.1.1

An exceptionally urgent case in these circumstances is one where the FCA staff believe that a decision to begin proceedings1

  1. (1)

    should be taken before it is possible to follow the procedure described in paragraph 10.1.2; and1

  2. (2)

    t is necessary to protect the interests of consumers or potential consumers.1

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EG 10.1.2

The orders the court may make following an application by the FCA under the powers referred to in this chapter are generally known in England and Wales as injunctions, and in Scotland as interdicts. In the chapter, the word 'injunction' and the word 'order' also mean 'interdict'. The FCA's effective use of these powers will help it work towards its operational objectives, in particular, those of securing an appropriate degree of protection for consumers, protecting and enhancing the integrity of the UK financial system and promoting effective competition in the interests of consumers in the markets.1

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EG 10.1.3

Decisions about whether to apply to the civil courts for injunctions under the Act will be made by the RDC Chairman or, in an urgent case and if the Chairman is not available, by an RDC Deputy Chairman. In an exceptionally urgent case the matter will be decided by the director of Enforcement or, in his or her absence, another member of the FCA's executive of at least director of division level.1

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