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Regulatory Enforcement and Sanctions Act 2008
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Regulatory Enforcement and Sanctions Act 2008, Section 25D is up to date with all changes known to be in force on or before 27 December 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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[F125DEnforcement action: exceptionsU.K.
This section has no associated Explanatory Notes
(1)The Secretary of State must by regulations, with the consent of the Welsh Ministers, prescribe—
(a)circumstances in which section 25B, and Schedule 4A so far as relating to cases within section 25B, do not apply, and
(b)circumstances in which section 25C, and Schedule 4A so far as relating to cases within section 25C, do not apply.
(2)In particular, the Secretary of State must exercise the power under subsection (1) to secure that those provisions do not apply—
(a)where the enforcement action is required urgently to avoid a significant risk of serious harm to—
(i)human health,
(ii)the environment (including the health of animals or plants), or
(iii)the financial interests of consumers;
(b)where the application of those provisions would be wholly disproportionate.
(3)Where a qualifying regulator other than the primary authority takes enforcement action against the regulated person or a member of the regulated group in circumstances prescribed under subsection (1)(b), the qualifying regulator must inform the primary authority of the action as soon as it reasonably can.]
Textual Amendments
F1Pt. 2 substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), ss. 20(1), 44(1)(c); S.I. 2017/473, reg. 3(b)
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