F1SCHEDULE 4AReferences to the Secretary of State
PART 2Enforcement action other than by primary authority
Reference by primary authority
4
(1)
The primary authority may, with the consent of the Secretary of State, instead of making a determination under section 25C(4) as to whether to direct an enforcing authority not to take proposed enforcement action, refer the action to the Secretary of State.
(2)
On a reference under this paragraph the Secretary of State must—
(a)
if satisfied as to the matters in sub-paragraph (3), direct the enforcing 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 enforcing authority not to take the proposed enforcement action, the Secretary of State may direct the enforcing authority to take some other enforcement action (and section 25C does not apply in relation to that other action).