SCHEDULES
SCHEDULE 3Sustainable Drainage
Exception 2: roads
I1I219
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).