Regulatory Enforcement and Sanctions Act 2008

[F1Reference by enforcing authorityU.K.

Textual Amendments

F1Sch. 4A substituted for Sch. 4 (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(c), Sch. 3

1(1)If the primary authority directs the enforcing authority as specified in section 28(2), the enforcing authority may with the consent of [F2the Secretary of State] refer the proposed enforcement action to [F2the Secretary of State] .U.K.

(2)On a reference under this paragraph—

(a)if [F3the Secretary of State] is satisfied as to the matters in sub-paragraph (3), [F3the Secretary of State] must confirm the direction;

(b)in any other case, [F4the 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)Where under sub-paragraph (2) [F5the Secretary of State] confirms a direction of the primary authority, [F5the Secretary of State] may direct the enforcing authority to take some other enforcement action (and section 28(1) to (4) does not apply in relation to that action).

(5)The enforcing authority must comply with any direction under sub-paragraph (4).]

Textual Amendments