The Sustainable Drainage (Approval and Adoption Procedure) (Wales) Regulations 2018

PART 3 Duty to adopt

Notice of adoption decision

6.  A notification under paragraph 23(4)(b) or (5) of Schedule 3 must specify—

(a) the reasons for the decision, and

(b) the date of the decision.

Release of non-performance bond where duty to adopt applies

7.—(1) Except where paragraph (3) applies, the approving body must release a non-performance bond within 4 weeks beginning on the first working day after giving notice under paragraph 23(4)(b) or (5) of Schedule 3.

(2) Paragraph (3) applies if the approving body—

(a) issued a certificate under paragraph 12(2) of Schedule 3, and

(b) carried out work to ensure the drainage system was completed in such a manner as to make it likely to operate in compliance with national standards.

(3) The approving body must, within 4 weeks beginning on the first working day after completing the work—

(a) send to the developer a full account of any sums received under the bond that have been applied to the expense of carrying out the work,

(b) pay the developer any excess, and

(c) release the non-performance bond.

Registration and designation where duty to adopt applies

8.  Within 4 weeks beginning on the first working day after giving notice under paragraph 23(4)(b) or (5) of Schedule 3, an approving body must—

(a) arrange for—

(i) the lead local flood authority(1) to include the drainage system in the register maintained under section 21 of the Act,

(ii) a designating authority(2) to make a provisional designation under paragraph 7 of Schedule 1 to the Act of any part of the drainage system (whether an adopted part or not) which is eligible for designation and is not owned by the approving body, and

(b) in accordance with regulations made under section 63 of the New Roads and Street Works Act 1991(3), give notice of intention to designate under that section any adopted part of the drainage system that is a street within the meaning of section 48 of that Act.

(1)

“Lead local flood authority” is defined in section 6(9) of the Act.

(2)

“Designating authority” is defined in paragraph 1 of Schedule 1 to the Act.

(3)

1991 c. 22. Section 63(5) was inserted by paragraph 27 of Schedule 3 to the Act.