SCHEDULE 4Enforcement action: references to LBRO
Reference by regulated person
2
(1)
If the primary authority does not direct the enforcing authority as specified in section 28(2), the regulated person may with the consent of LBRO refer the action to LBRO.
(2)
On a reference under this paragraph—
(a)
if LBRO is satisfied as to the matters in sub-paragraph (3), it must direct the enforcing authority not to take the proposed enforcement action;
(b)
in any other case, it 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 LBRO gives a direction under sub-paragraph (2)(a), it 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).
(7)
LBRO may require a regulated person who makes a reference under this paragraph to pay such reasonable costs incurred by LBRO as a result of the reference as LBRO may specify.