SCHEDULES

SCHEDULE 4Enforcement action: references to the Secretary of State

Reference by primary authority

3

(1)

The primary authority may with the consent of F1the Secretary of State , instead of making a determination under section 28(2) in relation to a proposed enforcement action, refer the action to F1the Secretary of State .

(2)

On a reference under this paragraph—

(a)

if F2the Secretary of State is satisfied as to the matters in sub-paragraph (3), F2the Secretary of State must direct the enforcing authority not to take the proposed enforcement action;

(b)

in any other case, F3the Secretary of State must consent to the action.

(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)

The enforcing authority may not take the proposed enforcement action if it is directed as specified in sub-paragraph (2)(a).

(5)

Where F4the Secretary of State gives a direction under sub-paragraph (2)(a), F4the Secretary of State 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).

(6)

The enforcing authority must comply with any direction under sub-paragraph (5).