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Explanatory Note

(This note is not part of the Order)

This Order approves the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity which is to be issued by the Scottish Ministers on 11th March 2005 in so far as it relates to pollution of water. This Code of Practice replaces the previous Code of Practice issued by the Secretary of State for Scotland on 25th July 1997 and supplemented by the Prevention of Environmental Pollution from Agricultural Activity, Nitrogen and Phosphorus Supplement.

The Code gives practical guidance to persons engaged in agriculture with respect to activities that may cause water pollution and seeks to promote desirable practices by such persons in this field.

The Scottish Environment Protection Agency (SEPA) is required by section 51(2) of the Control of Pollution Act 1974 to take into account whether there has been or is likely to be any contravention of an approved code of practice when considering when and how to exercise any powers which may be conferred on it by any regulations under section 31A of that Act.

This Order also revokes the instrument which approved the 1997 Code of Practice, together with the specified amending instrument.

Copies of the Code are being distributed to relevant interests, and are also available for inspection at the Scottish Executive Environment and Rural Affairs Department, 47 Robb’s Loan, Edinburgh EH14 1TY. The Code is also available via the website www.scotland.gov.uk