Paragraph 3 F1
United Kingdom
The primary authority may with the consent of F2the Secretary of State , instead of making a determination under section 28(2) in relation to a proposed enforcement action, refer the action to the Secretary of State .
The matters referred to in sub-paragraph (2) are that—
the proposed enforcement action is inconsistent with advice or guidance previously given by the primary authority (generally or specifically),
the advice or guidance was correct, and
the advice or guidance was properly given by the primary authority.
The enforcing authority may not take the proposed enforcement action if it is directed as specified in sub-paragraph (2)(a).
Where F5the 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).
The enforcing authority must comply with any direction under sub-paragraph (5).
Annotations
Textual amendments
- F1
Sch. 4A substituted for Sch. 4 (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(c), Sch. 3
- F2
Words in Sch. 4 para. 3(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(h) (with Sch. 2)
- F3
Words in Sch. 4 para. 3(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(i)(i) (with Sch. 2)
- F4
Words in Sch. 4 para. 3(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(i)(ii) (with Sch. 2)
- F5
Words in Sch. 4 para. 3(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(j) (with Sch. 2)
Notes on Schedule 4
Textual amendments
- F2
Words in Sch. 4 heading substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), art. 4(2), Sch. 1 para. 16(q) (with Sch. 2)