Regulation 5 Dispute
If the relevant competent persons are not able to reach agreement in accordance with regulation 4(2) within a reasonable time, the OFT shall inform the Secretary of State in writing.
Any relevant competent person may make representations in writing to the Secretary of State no later than the date upon which the OFT informs the Secretary of State in accordance with paragraph (1) of the failure to reach agreement.
The Secretary of State shall within 8 working days of receipt of a communication made in accordance with paragraph (1)—
determine which competent person shall exercise prescribed functions in relation to the case and direct that the case shall be transferred to that competent person; and
inform in writing all relevant competent persons which competent person is to exercise jurisdiction in relation to the case and the date of transfer of the case.
In making a determination in accordance with paragraph (3)(a) the Secretary of State shall take into consideration any representations made in accordance with paragraph (2).