Welsh Statutory Instrument SI 2018 Wales

The Sustainable Drainage (Enforcement) (Wales) Order 2018

This Order provides for the enforcement of breach of the approval required (“the requirement for approval”) under paragraph 7(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29) (“the Act”) in relation to drainage systems for construction work.

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Prosecution 1 of 8 obligations carry an unlimited fine. 1 carries different penalties and 6 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator3 Any Person2 Applicant1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts
Applicant — also bound by 307 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.art006 Temporary stop notices Regulated
Other duties (1) — Crown / regulator
  • Approving body must follow rules when issuing temporary stop noticesLocal authority
s.art008 Enforcement notices Regulated
  • Comply with enforcement notice if you breach drainage approval requirementsOperator
s.art009 Steps required by an enforcement notice Regulated
  • Respond to an enforcement notice for unauthorised drainage workOperator
s.art011 Register of notices Regulated
Other duties (1) — Crown / regulator
  • Approving bodies must keep a register of enforcement noticesLocal authority
s.art014 Making an appeal Regulated
  • Submit a valid appeal against an enforcement noticeOperator
s.art016 Withdrawal of consent to the use of electronic communications Regulated
  • Notify the Welsh Ministers or approving body if you no longer want to use electronic communicationsApplicant
s.art021 Offence of failure to comply with a notice Prosecution
  • Fail to comply with drainage enforcement noticeAny Person

Unlimited fine

s.art022 Offence of obstruction Prosecution
  • Obstruct an authorised person exercising power of entryAny Person

Fine up to £1,000

16 other provisions — procedural and definitional
s.art001 Title and commencement
s.art002 Interpretation
s.art003 Agreement to exercise enforcement function
s.art004 Powers of entry
s.art005 Compensation for loss resulting from exercise of powers of entry
s.art007 Compensation for loss resulting from temporary stop notice
s.art010 Stop notices
s.art012 Right of appeal
s.art013 Time limit for making an appeal
s.art015 Use of electronic communications
s.art017 Procedure for appeals
s.art018 Determination of an appeal
s.art019 Powers of the Welsh Ministers when determining an appeal
s.art020 Evidence and costs
s.art023 Offences by bodies corporate
s.art024 Offences by partnerships and unincorporated associations

Help complying

Guvnor’s practical routes through this instrument.

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Drainage and utilities infrastructure compliance

Complete learning path for property developers and contractors working on drainage and utilities infrastructure. Covers Approved Document H drainage design, sewer adoption …

SuDS approval in Wales: quick guide

Quick checklist for mandatory Sustainable Drainage Systems (SuDS) approval in Wales. Check if you need approval, how to apply to your local …

Construction compliance in Wales
2 more guides that reference this instrument
Mandatory SuDS approval in Wales Flood risk assessment and SuDS compliance

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.