The Secretary of State may apply to the court for a direct sanctions order to be made against a person if it appears to the Secretary of State that it would be in the public interest for the order to be made.
The Secretary of State must send a copy of the application to the relevant recognised professional body.
The court may make a direct sanctions order against a person where, on an application under this section, the court is satisfied that condition 1 and at least one of conditions 2, 3, 4 and 5 are met in relation to the person.
The conditions are set out in section 391Q.
In deciding whether to make a direct sanctions order against a person the court must have regard to the extent to which—
the relevant recognised professional body has taken action against the person in respect of the failure mentioned in condition 1, and
that action is sufficient to address the failure.