PART 2

Regulatory Enforcement

Cases with more than one primary authority

Enforcement action notified to a primary authority inconsistent with another authority's advice etc
29C
1
This section applies if—
a
a qualifying regulator is nominated as a direct primary authority or a co-ordinated primary authority for the exercise of a function in relation to a person,
b
that primary authority (“PA1”) is notified under section 25C(2)(a) of enforcement action that an enforcing authority proposes to take against the person pursuant to the function, and
c
PA1 decides not to give a direction under section 25C(4) directing the enforcing authority not to take the enforcement action, and does not refer the action to the Secretary of State under paragraph 4(1) of Schedule 4A.
2
PA1 must, within the relevant period, take reasonable steps to find out if—
a
another qualifying regulator nominated as the primary authority (“PA2”) for the exercise of the function in relation to the person has previously given advice or guidance (generally or specifically), and
b
the person considers the proposed enforcement action to be inconsistent with that advice or guidance.
3
If PA1 is of the view that such advice or guidance has previously been given and that the person considers the proposed enforcement action to be inconsistent with it, PA1 must—
a
refer the action to PA2, and
b
notify the enforcing authority and the person that it has done so.
4
If subsection (3) applies—
a
the reference of the proposed enforcement action by PA1 to PA2 under subsection (3)(a) is to be treated as a notification given by the enforcing authority to PA2 under section 25C(2)(a), and
b
accordingly, section 25C (but not this section) applies in relation to PA2 as the primary authority and ceases to apply in relation to PA1 as the primary authority.
5
“Relevant period” in this section has the same meaning as in section 25C (see subsection (9) of that section).
Pt. 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)