Part 1Flood and Coastal Erosion Risk Management

2. Strategies, co-operation and funding

I1I215Civil sanctions

1

An authority that requests a person (P) to provide information under section 14(1) or (3) may give P an enforcement notice if P fails to comply with the request.

2

An enforcement notice must—

a

specify the information requested,

b

state that the authority may impose a penalty if P fails to provide the information within a specified period, which must be at least 28 days beginning with the date of issue of the notice, and

c

state that P may make representations to the authority about the notice within that period.

3

The authority may by penalty notice impose a penalty on P if P fails to provide the specified information in the specified period.

4

The amount of the penalty—

a

is to be determined by the authority, but

b

must not exceed £1000.

5

In deciding whether to impose a penalty and in determining the amount of a penalty the authority must have regard to—

a

any representations under subsection (2)(c), and

b

any partial compliance with the initial request under section 14.

6

The penalty notice must—

a

specify the reasons for the decision to impose a penalty,

b

state a period within which payment must be made, which must be at least 14 days beginning with the date of issue of the notice, and

c

notify P of the right of appeal under subsection (8).

7

A penalty is recoverable as a debt.

8

The Minister must by regulations provide a right of appeal against penalties; and the regulations must—

a

confer jurisdiction on the Minister, a court or a tribunal, and

b

make provision about procedure.

9

The Minister may by order substitute a different amount for the amount specified in subsection (4)(b) to reflect a change in the value of money.

10

In this section “the Minister” means—

a

the Secretary of State in relation to penalties issued by—

i

lead local flood authorities for areas in England, and

ii

F1the Natural Resources Body for Wales in respect of a failure to comply with a request in connection with a flood or coastal erosion risk management function in relation to England, and

b

the Welsh Ministers in relation to penalties issued by—

i

lead local flood authorities for areas in Wales,

ii

the Environment Agency in respect of a failure to comply with a request in connection with a flood or coastal erosion risk management function in relation to Wales, and

iii

the Welsh Ministers.

11

A reference in this section to an authority includes a reference to the Welsh Ministers.

12

The first sets of regulations under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—

a

each House of Parliament, in the case of the first regulations made by the Secretary of State, and

b

the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.