Flood and Water Management Act 2010

Valid from 02/05/2018

Enforcement E+W

14 (1) The Minister shall by order provide for the enforcement of the requirement for approval in paragraph 7(1). E+W

(2) An order may, in particular, make provision about cases where—

(a) construction is commenced without a drainage system having been approved,

(b) conditions of approval are breached, or

(c) construction does not conform to the approved proposals.

(3) An order may, in particular, provide for—

(a) notices (including enforcement notices, stop notices, temporary notice and breach of condition notices),

(b) applications to a court or tribunal,

(c) powers (including (i) discretionary powers conferred on the Minister or specified authorities, (ii) powers of entry, (iii) powers of inspection, and (iv) powers to undertake and charge for remedial work),

(d) offences of failure to comply with the regulations or notices under them,

(e) financial penalties,

(f) rights of appeal, and

(g) compensation.

(4) An order may apply (with or without modification) or make provision similar to a provision of the Town and Country Planning Act 1990.

(5) An order—

(a) may not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament, and

(b) may not be made by the Welsh Ministers unless a draft has been laid before and approved by resolution of the National Assembly for Wales.