A Section 38 agreement is entered into and provides a method for a highway that has been constructed or that is to be constructed becomes maintainable at the public expense. A publicly maintainable highway will in most cases include provision for drainage of the highway. (Drainage of highways is defined in Section 100 (9) of the Highways Act 1980).
Adoption of a drainage system through a Section 38 Agreement is for a drainage system which drains an adopted highway only. The drainage system only takes runoff from adopted (or prospectively adopted) highways and no private drainage or development drainage outfalls into the system. The final adopting authority is the Local Authority or Council. The cost of entering into such an agreement varies dependant upon the size of the development.