Commentary on Sections Schedule 4 Section 29: Enforcement action: exclusions
89.Subsection (1) allows the Secretary of State to prescribe by order the circumstances in which the procedure set out at section 28(1) to (4), requiring consultation before taking an enforcement action, shall not apply.
90.Under subsection (2), where an enforcing authority takes enforcement action against a regulated person where the provisions of an order made under subsection (1) apply, the enforcing authority must inform the relevant primary authority of the enforcement action as soon as it reasonably can.
91.Subsection (3) requires the Secretary of State to include in any order made under subsection (1) exclusions where:
92.An order under subsection (1) may also, for example, specify that consultation with a primary authority is not required where: