Modifications etc. (not altering text)
C1Pt. III (ss. 82-104) modified (subject to other provisions of the amending Act) (1.2.1996) by 1995 c. 25, s. 5(5)(g) (with ss. 7(6), 115, 117); S,I. 1996/186, art. 2
C2Pt. III (ss. 82-104): functions transferred to the Environment Agency (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 2(1)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C3Pt. III: definition of “controlled waters” applied (1.12.1991) by water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 1
(1)The Ministers may by order made by statutory instrument approve any code of practice issued (whether by either or both of the Ministers or by another person) for the purpose of—
(a)giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters; and
(b)promoting what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,
and may at any time by such an order approve a modification of such a code or withdraw their approval of such a code or modification.
(2)A contravention of a code of practice as for the time being approved under this section shall not of itself give rise to any criminal or civil liability, but the [F1Agency] shall take into account whether there has been or is likely to be any such contravention in determining when and how it should exercise—
(a)its power, by giving a notice under subsection (1) of section 86 above, to impose a prohibition under that section; and
(b)any powers conferred on the [F1Agency] by regulations under section 92 above.
(3)The Ministers shall not make an order under this section unless they have first consulted the [F1Agency].
Textual Amendments
F1Words in s. 97 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)