Flood and Water Management Act 2010

15 Civil sanctions E+W

(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.