[F12(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 [F2the Secretary of State] 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).
(7)[F6The Secretary of State] may require a regulated person who makes a reference under this paragraph to pay such reasonable costs incurred by [F7the Secretary of State] as a result of the reference as [F7the Secretary of State] may specify.]
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
F2Words in Sch. 4 para. 2(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(d) (with Sch. 2)
F3Words in Sch. 4 para. 2(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(e)(i) (with Sch. 2)
F4Words in Sch. 4 para. 2(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(e)(ii) (with Sch. 2)
F5Words in Sch. 4 para. 2(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(f) (with Sch. 2)
F6Words in Sch. 4 para. 2(7) 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(g)(i) (with Sch. 2)
F7Words in Sch. 4 para. 2(7) 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(g)(ii) (with Sch. 2)