The Flood and Coastal Erosion Risk Management Information Appeal (Wales) Regulations 2011

• Citation: S.I. 2011/865 (W.)
• Sections: 7

Section 1 Citation, commencement and application

These Regulations—

(a) may be cited as the Flood and Coastal Erosion Risk Management Information Appeal (Wales) Regulations 2011;

(b) come into force on 6 April 2011; and

(c) apply 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.

Section 2 Interpretation

In these Regulations—

“ the Act ” (“ y Ddeddf ”) means the Flood and Water Management Act 2010;

“enforcement notice” (“ hysbysiad gorfodi ”) means a notice given under section 15(1) of the Act in respect of a failure to comply with a request under section 14(1) or (3) of the Act to provide information;

“penalty notice” (“ hysbysiad o gosb ”) means a notice from an authority under section 15(3) of the Act which imposes a penalty on a person who fails to provide information specified in an enforcement notice in the specified period.

Section 3 Right of Appeal

A person on whom a penalty is imposed by a penalty notice may appeal to the First-tier Tribunal against the penalty.

Section 4 Grounds for appeal

For the purposes of rule 22(2)(g) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 , the grounds for appeal are–

(a) that the decision to serve the penalty notice was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the amount of the penalty was unreasonable;

(d) any other reason.

Section 5 Procedure

The notice of appeal under rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 must (in addition to complying with the requirements of those Rules) be accompanied by—

(a) a copy of the enforcement notice;

(b) copies of any representations made under section 15(2)(c) of the Act;

(c) a copy of the penalty notice.

Section 6 Effect of Appeal

An authority that receives a notice of appeal from a person on whom it has imposed a penalty must not take action to recover the penalty as a debt until the appeal is either determined or withdrawn.

Section 7 Determining an appeal

On deciding an appeal under regulation 3, the First-tier Tribunal must either—

(a) confirm the penalty;

(b) reduce the penalty; or

(c) quash the penalty.