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.