SCHEDULES
F1SCHEDULE 4AReferences to the Secretary of State
PART 1Enforcement action by primary authority
1
1
If the primary authority notifies the regulated person, or a member of the regulated group, under section 25B(2)(a) that it proposes to take enforcement action against the regulated person or the member, the regulated person or the member may, with the consent of the Secretary of State, refer the proposed enforcement action to the Secretary of State.
2
On a reference under sub-paragraph (1) the Secretary of State must—
a
if satisfied as to the matters in sub-paragraph (3), direct the primary authority not to take the proposed enforcement action;
b
otherwise, 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), and
b
the advice or guidance was correct and properly given.
4
If the Secretary of State directs the primary authority not to take the proposed enforcement action, the Secretary of State may direct the primary authority to take some other enforcement action (and section 25B does not apply in relation to that other action).
Sch. 4A substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), s. 44(1)(c), Sch. 3; S.I. 2017/473, reg. 3(b)