SCHEDULES
SCHEDULE 3Sustainable Drainage
Non-performance bonds
I1I212
1
A non-performance bond is a bond of a kind and to a value specified in a condition imposed on the grant of an application for approval.
2
The effect of the bond must be that the value of the bond is payable to the approving body if it certifies that the drainage system—
a
has been constructed in a manner that is not in accordance with the approved proposals, or
b
is unlikely to be completed.
3
Before giving a certificate under sub-paragraph (2) the approving body must consult the applicant for approval (“the developer”).
4
Where an approving body gives a certificate under sub-paragraph (2)—
a
it must notify the developer,
b
the approving body may undertake any work necessary to ensure that the drainage system is completed in such a manner as to make it likely to operate in compliance with national standards for sustainable drainage, and
c
the sums received under the bond may be applied to the expenses of that work, and any excess is to be paid to the developer.
5
In requiring a non-performance bond an approving body must specify a value which does not exceed the best estimate of the maximum likely cost of work required to ensure that the drainage system accords with the approved proposals.
6
The Minister may issue guidance about what amounts may be required by way of non-performance bonds; and approving bodies must have regard to the guidance.