# Regulatory Enforcement and Sanctions Act 2008, Paragraph 2

Extent: E+W+S+N.I.

(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 the Secretary of State refer the action to the Secretary of State .
(2) On a reference under this paragraph—
(a) if the Secretary of State is satisfied as to the matters in sub-paragraph (3), the Secretary of State must direct the enforcing authority not to take the proposed enforcement action;
(b) in any other case, the 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 the Secretary of State gives a direction under sub-paragraph (2)(a), the 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) The Secretary of State may require a regulated person who makes a reference under this paragraph to pay such reasonable costs incurred by the Secretary of State as a result of the reference as the Secretary of State may specify.

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Source: https://www.legislation.gov.uk/ukpga/2008/13/schedule/4/paragraph/2 (the official version)
Page: https://openlegislation.uk/regulatory-enforcement-and-sanctions-act-2008/schedule-4/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.