Determination of disputes by Secretary of State

36.—(1) This article applies where—

(a)a responsible person or any other person mentioned in article 5(3) has failed to comply with any provision of this Order or of any regulations made under it; and

(b)the enforcing authority and that person cannot agree on the measures which are necessary to remedy the failure.

(2) Where this article applies, the enforcing authority and the person referred to in paragraph (1)(a) may agree to refer the question as to what measures are necessary to remedy the failure referred to in paragraph (1)(a) to the Secretary of State for his determination.

(3) The Secretary of State may, by notice in writing to both parties, require the provision of such further information, including plans, specified in the notice, within the period so specified, as the Secretary of State may require for the purpose of making a determination.

(4) If the information required under paragraph (3) is not provided within the period specified, the Secretary of State may refuse to proceed with the determination.

(5) Where the Secretary of State has made a determination under this article, the enforcing authority may not, subject to paragraph (6), take any enforcement action the effect of which would be to conflict with his determination; and in this article, “enforcement action” means the service of an enforcement notice or the inclusion of any directions in an enforcement notice.

(6) Paragraph (5) does not apply where, since the date of the determination by the Secretary of State, there has been a change to the premises or the use to which they are put such that the risk to relevant persons has significantly changed.

 

What the Guidance says:

 

Where the responsible person has failed to comply with the Order and cannot agree
with the enforcing authority what measures are necessary to remedy the failure, the
Secretary of State may be approached to make a determination of the dispute. Both
parties must make the approach. This approach can be made when a notice has been
served by the enforcing authority on a responsible person.
The Secretary of State may request in writing further information from both parties
within a time specified in the request. If the information is not received within the
specified time the Secretary of State may refuse to consider the matter further.
 Once the Secretary of State has made a determination, the enforcing authority may not
take enforcement action that would be in conflict with his/her determination. However,
this would not apply where, after the date of the determination, there has been a
change to the premises or to the use of the premises that significantly increases the risk
to relevant persons.
 RRO Guidance Note No. 2 provides more detail on the procedures to be followed by
enforcing authorities wishing to use this route.