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(1)The Secretary of State and the Minister, acting jointly, may by order made by statutory instrument approve any code of practice issued (whether by those 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 Authority 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 section 107(2)(a) or (b) above, to impose a relevant prohibition; and
(b)any powers conferred on the Authority by regulations under section 110 above.
(3)The Secretary of State and the Minister shall not make an order under this section unless they have first consulted the Authority.
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