# Regulatory Enforcement and Sanctions Act 2008, Paragraph 2


(1) If the primary authority directs an enforcing authority under section 25C(4) not to take the proposed enforcement action, the enforcing authority may, with the consent of the Secretary of State, refer the proposed 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), confirm the direction;
(b) otherwise, revoke the direction.
(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 confirms the direction, the Secretary of State may direct the enforcing authority to take some other enforcement action (and section 25C does not apply in relation to that other action).

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