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Regulatory Enforcement and Sanctions Act 2008
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Regulatory Enforcement and Sanctions Act 2008, Section 29B is up to date with all changes known to be in force on or before 02 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F129BConcurrent duties to notify primary authorities of enforcement actionU.K.
This section has no associated Explanatory Notes
(1)This section applies if—
(a)a qualifying regulator is nominated as a co-ordinated primary authority for the exercise of a function in relation to a person,
(b)an enforcing authority proposes to take enforcement action against the person pursuant to the function, and
(c)because of the nomination mentioned in paragraph (a), the enforcing authority is (ignoring this section) required under section 25C(2)(a) to notify the co-ordinated primary authority of the proposed enforcement action.
(2)That requirement to notify the co-ordinated primary authority does not apply if condition A or B is met.
(3)Condition A is that under section 25C(2)(a) the enforcing authority is required to notify another qualifying regulator of the proposed enforcement action because of that other qualifying regulator's nomination as a direct primary authority for the exercise of the function in relation to the person.
(4)Condition B is that—
(a)condition A is not met,
(b)the enforcing authority is (ignoring this section) required under section 25C(2)(a) to notify at least one other qualifying regulator of the proposed enforcement action because of that other regulator's nomination as a co-ordinated primary authority for the exercise of the function in relation to the person, and
(c)the enforcing authority has so notified that other regulator or (if there is more than one) it has so notified at least one of them.]
Textual Amendments
F1Pt. 2 substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), ss. 20(1), 44(1)(c); S.I. 2017/473, reg. 3(b)
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