F1SCHEDULE 4Enforcement action: references to F2the Secretary of State
Reference by enforcing authority
1
(1)
(2)
On a reference under this paragraph—
(a)
(b)
in any other case, F5the Secretary of State must revoke the direction (and section 28(4)(b) shall accordingly cease to apply in relation to the direction).
(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)
(5)
The enforcing authority must comply with any direction under sub-paragraph (4).
Reference by regulated person
2
(1)
(2)
On a reference under this paragraph—
(a)
(b)
in any other case, F9the 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)
(6)
The enforcing authority must comply with any direction under sub-paragraph (5).
(7)
Reference by primary authority
3
(1)
(2)
On a reference under this paragraph—
(a)
(b)
in any other case, F15the 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)
(6)
The enforcing authority must comply with any direction under sub-paragraph (5).
Effect of reference
4
The enforcing authority may not take the proposed enforcement action—
(a)
in any period during which the regulated person may make a reference under paragraph 2;
(b)
at any time after the making of a reference under this Schedule and before its determination.
Consultation
5
(1)
Before making a determination for the purposes of this Schedule F17the Secretary of State —
(a)
must consult any relevant regulator, where appropriate, and
(b)
may consult such other persons as F18Secretary of State thinks fit.
(2)
In sub-paragraph (1)(a) “relevant regulator” means a person (other than a local authority) with regulatory functions which relate to the matter to which the determination relates.
Procedure: general
6
(1)
F19The Secretary of State must determine any reference under this Schedule within the period of 28 days beginning with the day on which the reference is made.
(2)
The Secretary of State may by order make further provision as to the procedure to be followed, for the purposes of this Schedule, by the primary authority, the enforcing authority, the regulated person and F20the Secretary of State .
Guidance and directions
7
(1)
(2)
A local authority must have regard to any guidance, and comply with any direction, given to it under sub-paragraph (1).
(3)
Information
8
For the purposes of this Schedule F25the Secretary of State may require the primary authority, the enforcing authority or the regulated person to provide F25the Secretary of State with such information as F25the Secretary of State may specify, being information which the authority may lawfully provide to F25the Secretary of State .