Key Benefits:
Chapter 1 | Membership of the storm |
Chapter 2 | Tasks of the Grand Council |
Chapter 3 | Secretariat of the StormCouncil |
Chapter 4 | Conduct meetings |
Chapter 5 | Storm flop and flood pool and stormy waste |
Chapter 6 | Council Decisions on the Grand River |
Chapter 7 | Council decisions in the event of flooding from water flows and lakes ; |
Chapter 8 | Decisions of the Council in the event of a storm |
Chapter 9 | Supervision of the processing of large-floatings of the insurance undertakings |
Chapter 10 | Complains of decisions of insurance undertakings in storm-floatings |
Chapter 11 | Entry into force |
Publication of the Rules of Procedure of the StormCouncil
In accordance with paragraph 21 (1), Three, in the law. 349 of 17. May 2000 on storm river and storm, as amended by law no. 544 of 26. The year May 2010 shall be :
Chapter 1
Membership of the storm
§ 1. The StormCouncil consists of a President and 8 other Members. The 8 other members of the Board shall represent each of the following authorities and organisations : the Ministry of Transportation, Ministry of Transport, the Ministry of the Environment, the Ministry of Climate, the Ministry of Energy and the Ministry of Justice, the Municipal Ministry of Justice ; National Union, Insurance & Pension and Consumer Protection Council. In addition, the Council shall also be associated with three experts with an insight into the storm and coastal conditions, watercourses and lakes and stormings. The special experts who do not have the right to vote shall be designated by the Directorate-General for insight into stormy river and coastal conditions and sea management as regards the flow of water and lakes and stormings.
Paragraph 2. The President-in-Office of the Council and other members and their alternates are appointed by the business and growth minister for four years at a time. If the appointment is made during a period of time, it shall apply only to the end of the period. Reappointment can take place.
Paragraph 3. The Vice-President of the Council is in the event of the absence of his office.
Chapter 2
Tasks of the Grand Council
§ 2. The Council decides whether there has been a large river in an area at a given moment. The Council shall also take a decision on compensation for damage caused by flooding from water and lakes and whether there has been a storm in an area at a given time, with the consequance of the possibility of payment of subsidies for cleaning up and replanting of the damaged areas.
Paragraph 2. Except for the one in paragraph. The Council also supervised and deals with complaints about the treatment of the insurance companies in the case of large-scale fraud cases.
Paragraph 3. The Council shall deliver an annual report on its business to the Minister for business and for the Growth and Growth Pact. The report shall be published on the council website.
Paragraph 4. The Council shall lay down an annual accounting revision of a replacement auditor and shall be submitted to the Minister for business and for the Minister for the Growth and Growth. The accounts will be published on the council website.
Chapter 3
Secretariat of the StormCouncil
§ 3. Competition and Consumer Management Board shall be responsible for the secretarial services of the Council.
Chapter 4
Conduct meetings
§ 4. The decisions and decisions of the Council shall be taken in a meeting, cf. however, section 5 (5), 2.
Paragraph 2. The President-in-Office of the Council
Paragraph 3. The Council shall meet upon the meeting of the Council, and, incidentally, the President shall have the opportunity to do so, or when at least three members submit requests for the meeting to deal with the specified subjects. The Chair shall determine the meeting alert, which in the event of a request to hold a meeting at most must be four weeks.
Paragraph 4. The President may decide that meetings are held as a video conference, conference call, a combination of them, or by means of another electronic facility.
Paragraph 5. Members prevented from attending a meeting must notify this to the secretariat.
Paragraph 6. In the Council meetings, members and alternates shall be members of the members who are prevented from giving a meeting. It shall be the responsibility of the Member who is prevented from attending a meeting, to inform his alternate and provide it with appropriate material, unless otherwise agreed with the secretariat in each case.
Paragraph 7. The meeting notice shall follow an agenda indicating the cases for processing and the material which, after the discretion of the President, shall be as necessary.
Paragraph 8. The daily order and meeting material shall be sent electronically and per each. letter to the council members.
§ 5. Where any material relating to cases to be processed by the Council has not been issued to the members no later than three days before the meeting, the treatment may be carried out only if all the members of the meeting are colleciting herein.
Paragraph 2. The Council is quorum when at least five members are present. Decisions shall be taken by the majority voting. Every member has a voice. In the event of ballot, the President-in-Office or in his absence, the President-in-Office Where the circumstances are so, the chairman or his / or his absence, the Vice-President may decide that cases should be dealt with on a written basis.
§ 6. The Council's negotiations will be drawn up, which are approved by the Council. Any Member may call for its vote and the reasons for this to be recorded in the minutes.
§ 7. The President shall decide and, if so, in the manner in which the Council decisions should be published, cf. however, sections 15 and 22.
Paragraph 2. Council meetings are not public.
§ 8. The management of the law and the law applicable to the Council shall apply to the Council.
Chapter 5
Storm flop and flood pool and stormy waste
§ 9. The costs of the Council administration shall be borne by the means of storm flop and flood-pool and the meagarins of the storm. The President shall pay according to the guidelines laid down by the Minister for Acquidient and Growth.
Paragraph 2. The Minister for the Industry and Growth Pact provides for detailed rules for the payment of the Competition and Consumer Management services of the secretarial services. The costs shall be borne by the storm and flood pool, or the stormy phalanges, depending on the type of tasks.
Paragraph 3. The Council shall lay down rules for payment for the treatment of the insurance companies and the payment of charges for the execution of the charges arising from flooding from water flows and lakes after negotiation with Insurance & Retirement. Payment for foreign aid, including assistance from the Ministry of the Environment concerning the damage caused by flooding from aquatic flows and lakes and from Insurance & Pension for the administration and completion of uncompleted storage cases, notified to : The council before 1. In October 2012, the Council will lay down the debate with the respective ministries and organisations. The payment of the storm-warning and assistance of the Centre shall be made available to the Council for the Council following negotiations with the Co-Directorate and Danmarks Meteorological Institute for the Council. Decision on the organisation or execution of the alert activities resulting in substantial changes to the payment to be granted shall be taken by the Council after the Ministry of Transport, the Climate, Energy and Trade Ministry and the Occupam and The Ministry of Growth. The costs shall be borne by the storage pool and flood pool.
Paragraph 4. Payment for assistance from the Ministry of the Environment in connection with the Council's decisions of storm pitfalls events as well as on the administration of the rules on subsidies for cleaning up and replanting after stormfall shall be established by the Council following negotiations with the Environment Ministry. The costs shall be borne by the stormy phalarges.
Paragraph 5. The Council decides whether, following a large-scale event, the cost of storing the stormcut tree from the forests of the state, etc., will be borne in such cases by the stormy phalarding.
§ 10. The Council concludes the agreement with the National Bank on the management of the memoflods and the flood pool and the means of storming the waste funds.
§ 11. If the Council considers that the storage pool and the flood pool have reached such a scale, that further collection and payment to both or one of the pools is not deemed necessary, the Council shall give its opinion on the subject of such collection and ; the Minister for Growth
§ 12. If the storage pool or flood pool or storage pool does not contain funds to cover the costs of the system, the Council shall give its opinion to the business and growth Minister for the release of it to the pulmonary. State guarantee.
Chapter 6
Council Decisions on the Grand River
§ 13. By storm river, flood as a result of an extremely high water stand in the ocean, statistically, they occur rarer than each 20. Years.
§ 14. The decision, if there has been a stormy river in an area at a given moment, is taken by the advice given in accordance with the opinion of the Danmarks Meteorological Institute and the KystDirectorate. The Council is conveneable as soon as possible after a possible storm of the storm has been reached.
§ 15. When the Council has decided that in an area there has been a storm, this same day on the Council's website will be published with information on which areas covered by the Council's decision. A press release of the national media decision shall also be issued, just as the insurance companies are informed with a view to the treatment of specific reports of damage to storm flows.
Chapter 7
Council decisions in the event of flooding from water flows and lakes ;
§ 16. In the flood of water and lakes, flood is understood as a result of extremely high water flow and lakes, which are expected statistically to be less of a rarer than each 20. Years.
§ 17. The Council shall decide on cases of damage caused by flooding from aquatic flows or lakes. The Council shall decide whether specific damage is covered by the flood arrangements and the amount of compensation, where appropriate, to be paid. The decision on whether specific damage is covered by the flood arrangements shall be taken on the basis of notification to the Council on the basis of the opinion of the Natural Agency and with the involvement of other relevant information. Decisions on the amount of any compensation shall be made on the basis of indemsities drawn up by the rates of tariff designated by the insurance undertakings.
Paragraph 2. The Council shall decide as quickly as possible whether the specific damage is covered by the flood arrangements and the possible replacement size.
§ 18. When the Council has taken a decision in accordance with section 17, the decision shall be notified to the injured and its insurance undertaking.
§ 19. The secretariat is preparing the cases of the reported damage caused by flooding from aquatic flows and lakes. The Council may, where necessary, obtain further information in the assessment of a damage event, including make or charge inspection visits to the site where the damage has been made.
Paragraph 2. The Council shall be able to provide the secretariat to take specific decisions in accordance with paragraph 1. 1 by specified guidelines.
Paragraph 3. The President-in-Office of the Council may decide that a previous case must be resumed, for special reasons, including, in particular, where new information is to be taken, if they had been in the treatment they would have given a different outcome if they had been.
Paragraph 4. Two members can covet a case to the subject of further treatment in the council.
Paragraph 5. The Council may decide to use foreign aid.
Paragraph 6. The Council shall be responsible for the compensation payment. The Clause Section 54 and 57 to 58 shall apply mutatis mums.
Chapter 8
Decisions of the Council in the event of a storm
20. In the event of a stormy it means that in one or more parts of the country following heavy grapes, the overflow or broken trees shall be the same as at least one year in which the affected areas are affected.
§ 21. The decision on whether there has been a storm in an area at a given moment shall be taken by the advice given in accordance with the opinion of the Danish Institute for Meteorological Institute and the Ministry of the Environment. The Council is conveneable as soon as possible after a possible storm situation has been reached.
§ 22. When the Council has decided that in an area there has been a stormy, it shall be published in the daily press and on the Council's website.
-23. The secretariat is preparing the cases of the reported injuries caused by the storm, as provided for by the Agreement between the Council and the Forest and Wildlife Wildlife Authority. The Council may, where necessary, obtain further information for the assessment of a Damazing event and to make or make inspection visits to the site where the damage has been made.
Paragraph 2. The Council shall be able to provide the secretariat to take specific decisions in accordance with paragraph 1. 1, in accordance with specified guidelines.
Paragraph 3. Section 19 (1). 3-6 shall apply mutatis muth.
Paragraph 4. The decision of the Council shall be The Ministry of the Environment is responsible for the payment of subsidies.
Chapter 9
Supervision of the processing of large-floatings of the insurance undertakings
§ 24. The Council shall ensure that insurance companies comply with the rules of the Grand-river and Stormings Act and in the Notice on the treatment of claims for damages caused by storm river and on the construction, construction and use of a registration database and a case support system (Stormbase) and the practices in force in connection with the processing of large-scale large-scale cases.
Paragraph 2. The Council shall also ensure that it is issued in accordance with paragraph 1. Three, fall in.
Paragraph 3. The advice of the Council, through its supervision, is aware of failure to comply with rules and practices, cf. paragraph 1 or through its monitoring of compliance with issued injuns, cf. paragraph 2, that this does not comply with the advice of the Council in an injunction, that the illegal situation is brought to an end within a reasonable time set by the Council.
Paragraph 4. Before the issue of the opening of paragraph (s), On 3 and 4, the Council must give the assurance undertaking an opportunity to make a statement which will be included in the Council's decision.
Paragraph 5. The Council shall be able to give the secretariat a decision to take decisions covered by paragraph 1. 3.
§ 25. Stormflow cases are selected by random sampling for supervisors in the background of information stored and produced in the StormBase.
Paragraph 2. The secretariat shall conduct a review of the legal and actual basis of the decisions in the selected cases on the basis of information obtained in the Grand Mlast and any other relevant information, including opinions from relevant experts, if applicable ; this is deemed necessary to clarify a case in full.
SECTION 26. The Council may, in the course of decisions in accordance with section 24 (2), 3, after consulting the insurance undertaking, the failure to comply with an injunction in exceptional cases means that the insurance undertaking ' s fee for the processing of the case in full or in part shall be withdrawn or demanded of the insurance undertaking.
Paragraph 2. The Council may also, for special reasons, including, following the repeated or systematic failure to comply with the rules of the law on the mesh and the storming of the rules, the practices or the plunuations issued after this ; the notice after consultation of the company shall decide that the opening of the insurance undertaking in question shall be published on the Council's website.
Paragraph 3. In the publication of paragraph 1, 2, the personal data of the injured person shall be excluded.
Paragraph 4. If a public notice is made public or are, moreover, in any case, which puts the supply of force out of force, the invitation to tender shall be removed from the Council's website without undue delay.
§ 27. The Council shall decide whether statistics are to be compiled on the basis of inspections carried out. Statistics shall be published on the Council's website and, if necessary, in the annual report of the Council.
Chapter 10
Complains of decisions of insurance undertakings in storm-floatings
§ 28. The Council deals with complaints against the decisions taken by the insurance companies in cases of compensation as a result of storm flows.
Paragraph 2. The Council may only handle a complaint file if the complainant prior to a written inquiry to the insurer has attempted to make a change to the decision, or if the insurance undertaking has failed within three weeks of the date of receipt of a decision ; to respond to this.
Paragraph 3. The appeal shall be lodged no later than eight weeks after the decision of the insurance undertaking is notified to the complainant.
§ 29. The complaint shall be made in writing, with any attachments to the Council, which may provide for a specific scheme to be used. This scheme must, if appropriate, be available on the Council's website.
Paragraph 2. The secretariat shall ensure that the complainant before the appeal of the complaint has been addressed to the insurance undertaking.
Paragraph 3. The Secretariat shall forward to the party a copy of the material to the opinion, with the exception of the information provided by the secretariat, the company shall be aware of the material.
Paragraph 4. The secretariat shall also ensure, in the case of the case, of its own operation, the necessary, legal and actual basis of the decision, including any opinions of experts, where this is deemed necessary to take a decision in the case, and each of the parties shall be informed of any information obtained from the counterpart, which may be assumed to be relevant to the decision of the case. If the company is not given within three weeks of the receipt of the material to submit comments to the Council, the matter may be dealt with solely on the basis of the available material.
Paragraph 5. The secretariat shall close the case if the insurance undertaking, during the preparation of the case, meets the requirements of the complainant, as is the case where the complainant renunted his complaint.
Paragraph 6. Cases that have not been completed during the preparatory secretarial treatment shall be treated in the Council.
-$30. The President, the representative of the Consumer Council and the representative of the Insurance & Pension Board shall participate in the proceedings of a complaint matter.
Paragraph 2. Cases that do not have a fundamental nature or are not of higher importance may, in spite of the provision in paragraph 5 (2), The President, together with the representative of the Consumer Council and the representative of the Insurance & Pension, will be determined by the President. However, any of the participating may require the matter to be handled by a minimum of five members, cf. Section 5 (5). 2.
Paragraph 3. Decisions pursuant to paragraph 1. Paragraph 1 and paragraph 1. TWO, ONE. PC shall be taken by a simple voting majority. If a decision is based on a majority decision, the decision shall be given in the decision.
Paragraph 4. The President-in-Office of the Council may decide on a complaint file if, on the basis of the Council's previous practices, etc. -must be considered to be certain how the matter is to be settled. The Council shall be informed of the decision of the matter at the next Council meeting. Each of the General members of the Council may, at this meeting, require the matter to be subject to the usual course of the Council.
§ 31. The secretariat is preparing the cases of complaints against the decisions of insurance companies in large-scale cases.
Paragraph 2. The Council may decide to postpone the proceedings for the purposes of further information, including the result of the processing of complaints in the Board of Appeal for Insurance purposes, if this is deemed to be of relevance to the decision of the case.
Paragraph 3. The Council decisions must be accompanied by a justification. In so far as the decision is based on a majority decision, the position of the minority must be justified.
Paragraph 4. If the complainant has been wholly or partially included, a period of 30 days shall be fixed in respect of the decision to be fulfilled.
§ 32. Complaination shall be informed of the possibility of obtaining the case before the courts.
§ 33. The President may decide that a matter in which the Council has taken a decision shall be resumed for specific reasons, in particular in the case of a legal case of a party which has not been raised in the case, or in the case of new information, which : -if they had been available during the processing of the Council, it could have caused another outcome to the case.
§ 34. All decisions in redress shall be published on the Council's website.
Paragraph 2. Personal data on complaints and the name of the insurance company shall be omitted from the publication.
Chapter 11
Entry into force
$35. The announcement shall enter into force on 1. -October 2012.
Paragraph 2. At the same time, notice No 1483 of 14. December 2010 on the Rules of Procedure of the StormCouncil.
Paragraph 3. Notification of damage caused by storm flows, flooding from streaker and lakes and stormings before the date of entry into force of the notice shall be completed by the Council according to the applicable rules at the time of the notice.
The Ministry of Acquiec and Growth, the 19th. September 2012
Ole Sohn
-Hanne Kristensen