16(1)After section 106(1A) of the Water Industry Act 1991 (right to connect to public sewers) insert—E+W
“(1B)The right under subsection (1) is subject to section 106A.”
(2)After section 106 insert—
“106ASustainable drainage
(1)This section applies to a drainage system construction of which required approval under Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).
(2)A person may exercise the right under section 106(1) in respect of surface water only if—
(a)the construction of the drainage system was approved under that Schedule, and
(b)the proposals for approval included a proposal for the communication with the public sewer.
(3)Where subsection (2) is satisfied, the connection may not be refused—
(a)under section 106(4), or
(b)on grounds that the drainage system absorbs water from more than one set of premises or sewer, or from land that is neither premises nor a sewer.”
(3)After section 115(5) of the Water Industry Act 1991 (highway drains and sewers) insert—
“(5A)A sewerage undertaker must accept any use by a highway authority which is in accordance with a drainage system approved under Schedule 3 to the Flood and Water Management Act 2010.”
Commencement Information
I1Sch. 3 para. 16 in force at 2.5.2018 for specified purposes for W. by S.I. 2018/557, art. 2(b)
I2Sch. 3 para. 16 in force at 7.1.2019 for W. in so far as not already in force by S.I. 2018/557, art. 3(b)