This section applies to an agreement which is unenforceable because of section 26 or 27, other than an agreement entered into in the course of carrying on a credit-related regulated activity.
The amount of compensation recoverable as a result of that section is—
If the court is satisfied that it is just and equitable in the circumstances of the case, it may allow—
In considering whether to allow the agreement to be enforced or (as the case may be) the money or property paid or transferred under the agreement to be retained the court must—
The issue is whether the person carrying on the regulated activity concerned reasonably believed that he was not contravening the general prohibition by making the agreement.
The issue is whether the provider knew that the third party was (in carrying on the regulated activity) contravening the general prohibition.
If the person against whom the agreement is unenforceable—
he must repay any money and return any other property received by him under the agreement.
If property transferred under the agreement has passed to a third party, a reference in section 26 or 27 or this section to that property is to be read as a reference to its value at the time of its transfer under the agreement.
The commission of an authorisation offence does not make the agreement concerned illegal or invalid to any greater extent than is provided by section 26 or 27.