[F15(1)Any reference under this Schedule must be made as soon as is reasonably practicable, and in any event within the referral period.U.K.
(2)The “referral period” for the purposes of a reference under paragraph 1(1) is the period which—
(a)begins when the regulated person or the member is notified under section 25B(2)(a) of the proposed enforcement action, and
(b)ends at the end of the tenth working day after the day on which the period begins, or at such later time as the Secretary of State may direct.
(3)The “referral period” for the purposes of a reference under paragraph 2(1) is the period which—
(a)begins when the enforcing authority is directed under section 25C(4) not to take the proposed enforcement action, and
(b)ends at the end of the tenth working day after the day on which the period begins, or at such later time as the Secretary of State may direct.
(4)The “referral period” for the purposes of a reference under paragraph 3(1) is the period which—
(a)begins when the regulated person or the member is informed under section 25C(6)(a) that the enforcing authority continues to propose to take the enforcement action, and
(b)ends at the end of the tenth working day after the day on which the period begins, or at such later time as the Secretary of State may direct.
(5)The “referral period” for the purposes of a reference under paragraph 4(1) is the relevant period under section 25C(9).
(6)The Secretary of State must determine a reference under this Schedule within the period of 28 days beginning with the day on which the reference is made.
(7)The primary authority (in the case of a reference under paragraph 1(1)) or the enforcing authority (in the case of a reference under paragraph 2(1), 3(1) or 4(1)) may not take the proposed enforcement action at any time after the making of the reference and before its determination.]
Textual Amendments
F1Sch. 4A substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), s. 44(1)(c), Sch. 3; S.I. 2017/473, reg. 3(b)