Part 1Flood and Coastal Erosion Risk Management
3. Supplemental powers and duties
18Environment Agency: reports
1
The Environment Agency must report to the Minister about flood and coastal erosion risk management.
2
In particular, the report must include information about the application of the national flood and coastal erosion risk management strategies under sections 7 and 8.
3
The Minister may make regulations about—
a
the times or intervals at which a report must be made, and
b
the content of a report.
4
In this section “the Minister” means—
a
the Secretary of State in relation to flood and coastal erosion risk management in England, and
b
the Welsh Ministers in relation to flood and coastal erosion risk management in Wales.
19Local authorities: investigations
1
On becoming aware of a flood in its area, a lead local flood authority must, to the extent that it considers it necessary or appropriate, investigate—
a
which risk management authorities have relevant flood risk management functions, and
b
whether each of those risk management authorities has exercised, or is proposing to exercise, those functions in response to the flood.
2
Where an authority carries out an investigation under subsection (1) it must—
a
publish the results of its investigation, and
b
notify any relevant risk management authorities.
20Ministerial directions
1
The Minister may direct a risk management authority to exercise a flood or coastal erosion risk management function on behalf of another risk management authority (the “defaulting authority”).
2
The Minister may give a direction under subsection (1) only if satisfied that the defaulting authority—
a
has failed to exercise the function, or
b
has failed to exercise the function in accordance with the national strategies under sections 7 and 8 or the local strategies under sections 9 and 10.
3
A direction under subsection (1) may include provision about the recovery of costs of compliance from the defaulting authority.
4
The Minister must—
a
send a copy of the direction to the defaulting authority, and
b
publish the direction.
5
But the Minister may decide not to publish a direction if it appears that to do so would be contrary to the interests of national security.
6
In this section “the Minister” means—
a
the Secretary of State in relation to risk management authorities that exercise functions only in England,
b
the Welsh Ministers in relation to risk management authorities that exercise functions only in Wales, and
c
the Secretary of State and the Welsh Ministers acting jointly in relation to risk management authorities that exercise functions in both England and Wales.
21Lead local authorities: duty to maintain a register
1
A lead local flood authority must establish and maintain—
a
a register of structures or features which, in the opinion of the authority, are likely to have a significant effect on a flood risk in its area, and
b
a record of information about each of those structures or features, including information about ownership and state of repair.
2
The Minister may by regulations make provision about the content of the register and record.
3
The lead local flood authority must arrange for the register to be available for inspection at all reasonable times.
4
The Minister may by regulations provide for information of a specified description to be excluded from the register or record.
5
In this section, “the Minister” means—
a
the Secretary of State in relation to authorities in England, and
b
the Welsh Ministers in relation to authorities in Wales.