SCHEDULE 3 Primary Authority Scheme: New Schedule 4A to RESA 2008
Enterprise Act 2016 (2016 c 12) | Legislation

SCHEDULE 3 Primary Authority Scheme: New Schedule 4A to RESA 2008

Section 20

This is the Schedule 4A to be substituted for Schedule 4 to the Regulatory Enforcement and Sanctions Act 2008—

“SCHEDULE 4A
References to the Secretary of State
Sections 25B and 25C
Part 1
Enforcement Action by Primary Authority
1

(1)     If the primary authority notifies the regulated person, or a member of the regulated group, under section 25B(2)(a) that it proposes to take enforcement action against the regulated person or the member, the regulated person or the member may, with the consent of the Secretary of State, refer the proposed enforcement action to the Secretary of State.

(2)     On a reference under sub-paragraph (1) the Secretary of State must—

(a)     if satisfied as to the matters in sub-paragraph (3), direct the primary authority not to take the proposed enforcement action;

(b)     otherwise, 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), and

(b)     the advice or guidance was correct and properly given.

(4)     If the Secretary of State

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