Part 3: Regulatory Enforcement and Sanctions Act Section 29C: Enforcement action notified to a primary authority inconsistent with another primary authority's advice etc.
This section applies where a primary authority ("PA1") has been notified that an enforcing authority intends to take enforcement action against a regulated person or member of a regulated group but has decided not to give a direction to the enforcing authority under section 25C(4) and not to refer the matter to the Secretary of State under Schedule 4. Where this is the case, subsection (2) requires PA1 to take reasonable steps to ascertain whether another primary authority ("PA2") has given advice or guidance to the person or member, and whether the regulated person or member considers the proposed enforcement action to be inconsistent with PA2's advice or guidance.
	If PA1 does ascertain that PA2 has given advice or guidance has and that the regulated person or member considers the enforcement action to be inconsistent PA2's advice or guidance, then PA1 must refer the proposed enforcement action to PA2 and notify the enforcing authority and the regulated person or member that the action has been referred to PA2 (subsection (3)).
	Subsection (4) provides that where a reference is made under subsection (3) the procedure to be followed is that set out under sections 25C, but as if the reference by PA1 to PA2 was a notification given by the enforcing authority to PA2 under section 25C(2)(a). Section 25C will no longer apply to PA1 but will apply to PA2. In practice, this means that the relevant period (during which time the enforcing authority cannot take enforcement action) will restart, and PA2 will have to decide whether to give a direction to the enforcing authority under section 25C(4) or whether to refer the action to the Secretary of State under Schedule 4. The provisions in section 25B that allow an enforcing authority or a regulated person or member of a regulated group to refer the decision to the Secretary of State will also apply.