Flood and Water Management Act 2010

Exception 2: roads

19 (1) The adoption duty does not apply to any part of a drainage system which is a publicly-maintained road.

(2) If part of an adopted drainage system becomes a publicly-maintained road, the adoption lapses in respect of that part.

(3) Sub-paragraphs (4) and (5) apply—

(a) where a drainage system is adopted and part of the system is a publicly-maintained road (and that part therefore need not be adopted);

(b) where a drainage system is entirely on a publicly-maintained road (and the adoption duty does not therefore apply to it).

(4) The maintaining authority must exercise its functions in respect of the road—

(a) in accordance with the approved proposals for the drainage system (including any conditions of approval), and

(b) in accordance with national standards for sustainable drainage.

(5) The maintaining authority must designate the road under section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties).

(6) “Publicly-maintained road” means a highway to which the duty under section 41 of the Highways Act 1980 applies (maintenance at public expense); (and a reference to a road includes a reference to part of a road).