Regulator's power to take steps to remove and remedy etc.E+W
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).