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Water Act 1989
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10Codes of practice with respect to environmental and recreational duties
(1)The relevant Minister may by order approve any code of practice issued (whether by the relevant Minister or another person) for the purpose of—
(a)giving practical guidance to the Authority or to water undertakers and sewerage undertakers with respect to any of the matters for the purposes of which sections 8 and 9 above have effect; and
(b)promoting what appear to him to be desirable practices by the Authority or such undertakers with respect to those matters,
and may at any time by such an order approve a modification of such a code or withdraw his 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 constitute a contravention of any requirement imposed by section 8 or 9 above or give rise to any criminal or civil liability, but the Secretary of State and the Minister shall each be under a duty to take into account whether there has been or is likely to be any such contravention in determining when and how he should exercise his powers by virtue of this Act in relation to the Authority or any water undertaker or sewerage undertaker.
(3)The power of the relevant Minister to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Except in the case of an order made before the transfer date, the relevant Minister shall not make an order under this section unless he has first consulted the Authority, the Countryside Commission, the Nature Conservancy Council, the Historic Buildings and Monuments Commission for England, the Sports Council, the Sports Council for Wales and such water undertakers, sewerage undertakers and other persons as he considers it appropriate to consult.
(5)In this section “the relevant Minister” means—
(a)in relation to the Authority, the Secretary of State or the Minister; and
(b)in relation to a water undertaker or sewerage undertaker, the Secretary of State.
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