Paragraph 2 I1

(1)

The responsible authority in relation to a structure or feature designated under this Schedule is the authority which made the designation, unless sub-paragraph (2) applies.

(2)

If an authority has adopted a designation in accordance with sub-paragraph (3), the responsible authority in relation to the designated structure or feature is the adopting authority.

(3)

A designating authority may adopt a designation if—

(a)

the authority which made the designation no longer has relevant functions,

(b)

the authority proposing to adopt the designation has relevant functions, and

(c)

the designation has not already been adopted by another authority.

(4)

In sub-paragraph (3) “relevant functions” means flood or coastal erosion risk management functions which may be affected by the existence or location of the designated structure or feature.

Annotations

Commencement

I1: Sch. 1 para. 2 in force at 1.8.2012 by S.I. 2012/2000, art. 2(b)

Notes on Schedule 1

Modifications

C1: Sch. 1 excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 11
C2: Sch. 1 excluded (23.4.2025) by The Cambridge Waste Water Treatment Plant Relocation Order 2025 (S.I. 2025/452), art. 1, Sch. 17 para. 6