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There are currently no known outstanding effects for the Flood and Water Management Act 2010, Cross Heading: Approving body.
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6(1)The approving body for a drainage system is—E+W
(a)the unitary authority for the area in which it is, or in which it is to be constructed, or
(b)if there is no unitary authority, the county council for the area.
(2)“Unitary authority” means—
(a)the council of a county for which there are no district councils;
(b)the council of a district in an area for which there is no county council;
(c)a county borough council;
(d)the council of a London borough;
(e)the Common Council of the City of London;
(f)the Council of the Isles of Scilly.
(3)The Minister may by order appoint a body as approving body for drainage systems in all areas or in one or more specified areas (instead of the body that would be the approving body under sub-paragraph (1)).
(4)An order under sub-paragraph (3) may—
(a)appoint a body as approving body for specified purposes only;
(b)appoint different bodies as approving body for different purposes.
(5)An order under sub-paragraph (3) may confer on the approving body a power of a kind exerciseable by the body that would be the approving body under sub-paragraph (1).
(6)An order under sub-paragraph (3)—
(a)if it includes provision under sub-paragraph (4) or (5)—
(i)may not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament, and
(ii)may not be made by the Welsh Ministers unless a draft has been laid before and approved by resolution of the National Assembly for Wales, and
(b)otherwise, shall be subject to annulment in pursuance of a resolution of—
(i)either House of Parliament, in the case of an order of the Secretary of State, or
(ii)the National Assembly for Wales, in the case of an order of the Welsh Ministers.
Commencement Information
I1Sch. 3 para. 6 in force at 2.5.2018 for specified purposes for W. by S.I. 2018/557, art. 2(b)
I2Sch. 3 para. 6 in force at 7.1.2019 for W. in so far as not already in force by S.I. 2018/557, art. 3(b)
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