# The Sustainable Drainage (Appeals) (Wales) Regulations 2018, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations provide for a right of appeal to the Welsh Ministers against a decision of an approving body under Schedule 3 to the Flood and Water Management Act 2010 (c. 29) in relation to applications for approval or in relation to the duty to adopt with respect to sustainable drainage systems.
Regulation 3(1) provides for a right of appeal to the Welsh Ministers against a decision. Regulation 3(2) provides that for the purposes of regulation 3(1), a decision includes a deemed refusal of an application for approval or request to adopt.
Regulation 4 describes the effect of bringing an appeal.
Regulation 5 provides for time limits for bringing an appeal in relation to appeals against different types of decision by the approving body.
Regulation 6 provides for the contents of a notice of appeal against a decision, and requirements for service of the notice, including accompanying documents.
Regulations 7 and 8 provide for the use of electronic communications for purposes of an appeal, and for withdrawal of agreement to the use of electronic communications.
Regulation 9 provides for the procedure to be followed by the Welsh Ministers in determining an appeal.
Regulation 10 provides that the Welsh Ministers are to determine an appeal under these Regulations, and for the appointment of a person (the “appointed person”) to report to the Welsh Ministers.
Regulation 11 provides for the powers available to the Welsh Ministers when determining an appeal.
Regulation 12 provides for the specific duties to which Welsh Ministers are subject when determining an appeal.
Regulation 13 provides for evidence and apportionment of costs in appeals under these Regulations.
A regulatory impact assessment in relation to Wales has been prepared on the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

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Source: https://www.legislation.gov.uk/wsi/2018/1181/note (the official version)
Page: https://openlegislation.uk/sustainable-drainage-appeals-wales-regulations-2018/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.