The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(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)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 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.
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Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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