Regulation 14 EnforcementI1

England and Wales

(1)

If a drainage body carries out improvement works–

(a)

without complying with the requirements of these Regulations; or

(b)

without the consent of the appropriate Authority under regulation F112C(2) where a proposal is referred to that Authority under regulation F212B(2), or in breach of a condition to which such consent is subject,

the appropriate Authority may apply to the Court for any of the following orders–

(i)

that the drainage body shall not proceed further with the improvement works;

(ii)

that the drainage body shall remove any work carried out;

(iii)

that the drainage body shall reinstate the site in accordance with the reasonable requirements of the appropriate Authority.

(2)

An order made under paragraph 1(ii) or (iii) above may provide that, if the drainage body fails to comply with the order within a specified period, the appropriate Authority may remove any work carried out and reinstate the site and may recover the reasonable costs and expenses of doing so from the drainage body as a debt due from that body.

(3)

In this regulation, “the Court” means the County Court for the district in which improvement works are being carried out or the High Court.

Annotations

Textual amendments

F1: Word in reg. 14(1)(b) substituted (16.5.2017) by The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017 (S.I. 2017/585), regs. 1(1), 17(a) (with reg. 22)
F2: Word in reg. 14(1)(b) substituted (16.5.2017) by The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017 (S.I. 2017/585), regs. 1(1), 17(b) (with reg. 22)

Commencement

I1: Reg. 14 in force at 21.7.1999, see reg. 1(1)