5.—(1) Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible except where access to works connected with the drainage of land is restricted by the undertaker. During any period where access is restricted, the undertaker is responsible for the maintenance of any works connected with the drainage of land..
(2) In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991(1).
Commencement Information
I1Art. 5 in force at 7.12.2022, see art. 1
1991 c. 59. The definition of “drainage” was substituted by section 100(2) of, and paragraph 194 of Schedule 22 to, the Environment Act 1995 (c. 25).