Paragraph 11 Notice in relation to a highway drain
A highway authority or other person entitled to keep open a highway drain by virtue of section 100 of the 1980 Act 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.