Part 3: Regulatory Enforcement and Sanctions Act Section 25B: Enforcement action by the primary authority
This section makes provision for the process to be followed where enforcement action is proposed by the primary authority against a regulated person or (where the primary authority is aware that the person is a member of a regulated group) against a member of a regulated group.
	Subsection (2) requires the primary authority to notify the regulated person, or member of the regulated group, of the enforcement action it proposes to take and prevents the primary authority from taking the proposed enforcement action before the end of the period allowed for the regulated person or the member to refer the matter to the Secretary of State under paragraph 1(1) of Schedule 4A.
	Subsection (3) provides that Parts 1 and 3 of new Schedule 4A to RESA apply. Part 1 of Schedule 4A provides that the person or member may, with the consent of the Secretary of State, refer the proposed enforcement action to the Secretary of State for a determination. Where the Secretary of State determines that the enforcement action is inconsistent with advice or guidance given by the primary authority and that the advice was correct and properly given, the Secretary of State must direct the primary authority not to take the enforcement action.
	Under Part 3 of Schedule 4A of RESA, the referral must be made as soon as reasonably practicable, or within the relevant period, defined in paragraph 5(2). The Secretary of State has 28 days in which to make the determination (paragraph 5(6)).