Flood and Water Management Act 2010

Duty to adoptE+W

17(1)An approving body must adopt a drainage system which satisfies the following conditions.E+W

(2)Condition 1 is that the drainage system was constructed in pursuance of proposals approved under paragraph 7.

(3)Condition 2 is that the approving body is satisfied—

(a)that the drainage system was constructed, and functions, in accordance with the approved proposals (including any conditions of approval), or

(b)that the approving body can issue or has issued a certificate under paragraph 12(2).

(4)An approving body must have regard to any guidance issued by the Minister about the application of Condition 2.

(5)Condition 3 is that the drainage system is a sustainable drainage system, as defined by regulations made by the Minister.

(6)Where part of a drainage system is exempt from adoption a reference in this Schedule to the adoption of a drainage system includes a reference to adoption of part of a drainage system.

Commencement Information

I1Sch. 3 para. 17 in force at 2.5.2018 for specified purposes for W. by S.I. 2018/557, art. 2(b)

I2Sch. 3 para. 17 in force at 7.1.2019 for W. in so far as not already in force by S.I. 2018/557, art. 3(b)