SCHEDULES
F6SCHEDULE 4Enforcement action: references to F1the Secretary of State
Words in Sch. 4 heading substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), art. 4(2), Sch. 1 para. 16(q) (with Sch. 2)
Reference by primary authority
3
1
2
On a reference under this paragraph—
a
b
in any other case, F4the 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
6
The enforcing authority must comply with any direction under sub-paragraph (5).
Sch. 4A substituted for Sch. 4 (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(c), Sch. 3