11. A highway authority or other person entitled to keep open a highway drain by virtue of section 100 of the 1980 Act M1 who operates a highway drain other than under and in accordance with an environmental permit is not guilty of an offence under regulation 38(1) unless—
(a)the regulator has served a notice on that person under paragraph 10 of this Schedule, and
(b)the notice has taken effect.
Marginal Citations
M1Section 100 was amended by paragraph 21 of Schedule 4 to the Local Government Act 1985 (c. 51), paragraph 62 of Schedule 25 to the Water Act 1989 (c. 15), paragraph 36(1) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and paragraph 9 of Schedule 7 to the Local Government (Wales) Act 1994 (c. 19).