SCHEDULE 25Flood risk activities and excluded flood risk activities

PART 1Flood risk activities

Regulator's power to take steps to remove and remedy etc.9

1

Subject to paragraph 10(4) and (5), the regulator may take steps to—

a

remove, alter or pull down any works carried out pursuant to an unauthorised flood risk activity;

b

remedy the effects caused by an unauthorised flood risk activity.

2

Before taking any steps under sub-paragraph (1) the regulator must serve a notice of intent on the person responsible for the unauthorised flood risk activity (“A”).

3

The requirement to serve a notice of intent under sub-paragraph (2) does not apply where the regulator—

a

is required to act in an emergency, or

b

cannot determine who is the person responsible for the unauthorised flood risk activity.

4

A notice of intent must—

a

specify the steps the regulator intends to take;

b

specify the date on which the regulator intends to take those steps;

c

set out the rights of appeal that A has under regulation 31(1)(f).

5

Where the regulator determines that it is not possible or practical to serve a notice of intent on A, the regulator may serve the notice on any other person who it appears to the regulator may be affected.

6

Where a notice is served under sub-paragraph (5), sub-paragraph (4)(c) applies as if the reference in that sub-paragraph to “A” is a reference to the person on whom a notice under sub-paragraph (5) is served.

7

The regulator may recover from A, or a person served with a notice under sub-paragraph (5), the costs of any steps taken by the regulator under sub-paragraph (1).