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Regulatory Enforcement and Sanctions Act 2008
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- UK Public General Acts
- 2008 c. 13
- SCHEDULE 4
- Reference by primary authority
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Regulatory Enforcement and Sanctions Act 2008, Cross Heading: Reference by primary authority is up to date with all changes known to be in force on or before 26 November 2024. 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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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 70(6) inserted by 2018 c. 12 Sch. 19 para. 152(3)
[F1Reference by primary 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
3(1)The primary authority may with the consent of [F2the Secretary of State] , instead of making a determination under section 28(2) in relation to a proposed enforcement action, refer the 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 direct the enforcing authority not to take the proposed enforcement action;
(b)in any other case, [F4the 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)Where [F5the Secretary of State] gives a direction under sub-paragraph (2)(a), [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).
(6)The enforcing authority must comply with any direction under sub-paragraph (5).]
Textual Amendments
F2Words in Sch. 4 para. 3(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 16(h) (with Sch. 2)
F3Words in Sch. 4 para. 3(2)(a) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 16(i)(i) (with Sch. 2)
F4Words in Sch. 4 para. 3(2)(b) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 16(i)(ii) (with Sch. 2)
F5Words in Sch. 4 para. 3(5) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 16(j) (with Sch. 2)
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