SCHEDULE 4Enforcement action: references to LBRO
Reference by enforcing authority
1
(1)
If the primary authority directs the enforcing authority as specified in section 28(2), the enforcing authority may with the consent of LBRO refer the proposed enforcement action to LBRO.
(2)
On a reference under this paragraph—
(a)
if LBRO is satisfied as to the matters in sub-paragraph (3), it must confirm the direction;
(b)
in any other case, it must revoke the direction (and section 28(4)(b) shall accordingly cease to apply in relation to the direction).
(3)
The matters referred to in sub-paragraph (2) are that—
(a)
the proposed enforcement action is inconsistent with advice or guidance previously given by the primary authority (generally or specifically),
(b)
the advice or guidance was correct, and
(c)
the advice or guidance was properly given by the primary authority.
(4)
Where under sub-paragraph (2) LBRO confirms a direction of the primary authority, it may direct the enforcing authority to take some other enforcement action (and section 28(1) to (4) does not apply in relation to that action).
(5)
The enforcing authority must comply with any direction under sub-paragraph (4).