88Enforcement of undertakings

88 Enforcement of undertakings

(1)  In this section –

Court means the Magistrates Court.

(2)  The Administrator may accept a written undertaking given by a person for the purposes of this section in connection with a matter in respect of which the Administrator has a power or function under this Act.

(3)  The person may withdraw or vary the undertaking at any time, but only with the consent of the Administrator.

(4)  If the Administrator considers that the person who gave the undertaking has contravened any of its terms, the Administrator may apply to the Court for an order under subsection (5) .

(5)  If the Court is satisfied that the person has contravened 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 the Administrator an amount not exceeding any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the contravention;

(c) an 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 contravention;

(d) an order to suspend or cancel a licence;

(e) any other order that the Court considers appropriate.

(6)  Where the Court has ordered a person to pay an amount under subsection (5) , the amount is taken to be a judgment of the Court and enforceable under the Magistrates Court (Civil Division) Act 1992 .