SCHEDULES
F1SCHEDULE 4AReferences to the Secretary of State
PART 3General
Timing
5
1
Any reference under this Schedule must be made as soon as is reasonably practicable, and in any event within the referral period.
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.
Consultation
6
1
Before determining a reference under this Schedule, the Secretary of State—
a
must consult any relevant regulator, where appropriate, and
b
may consult other persons.
2
In sub-paragraph (1)(a), “relevant regulator” means a person who has regulatory functions which relate to the matter to which the determination relates.
3
But a person is not a “relevant regulator” within the meaning of sub-paragraph (1)(a) if—
a
the person is a qualifying regulator, and
b
the partnership function pursuant to which the proposed enforcement action would be taken is a relevant function of the person.
Information
7
1
For the purposes of determining whether to consent to a reference under this Schedule, or of determining such a reference, the Secretary of State may require any of the following to provide the Secretary of State with information—
a
the primary authority;
b
in the case of a reference under paragraph 2(1), 3(1) or 4(1), the enforcing authority;
c
the regulated person concerned or the member of the regulated group concerned.
2
The information must be information which the authority, person or member may lawfully provide to the Secretary of State.
Secretary of State's costs
8
The Secretary of State may require the regulated person or a member of the regulated group to pay reasonable costs incurred by the Secretary of State as a result of—
a
a reference by the regulated person or the member under paragraph 1(1) or 3(1), or
b
an application by the regulated person or the member for consent to make such a reference.
Procedure
9
The Secretary of State may by regulations make further provision as to the procedure to be followed for the purposes of this Schedule.
Sch. 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)