SCHEDULES

F6SCHEDULE 4Enforcement action: references to F1the Secretary of State

Annotations:
Amendments (Textual)
F6

Sch. 4A substituted for Sch. 4 (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(c), Sch. 3

Reference by primary authority

3

1

The primary authority may with the consent of F2the Secretary of State , instead of making a determination under section 28(2) in relation to a proposed enforcement action, refer the action to F2the Secretary of State .

2

On a reference under this paragraph—

a

if F3the Secretary of State is satisfied as to the matters in sub-paragraph (3), F3the Secretary of State must direct the enforcing authority not to take the proposed enforcement action;

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

Where F5the Secretary of State gives a direction under sub-paragraph (2)(a), F5the 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).