Part 1Flood and Coastal Erosion Risk Management

3. Supplemental powers and duties

I120Ministerial 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.