Explanatory note

This instrument applies in England and approves, under section 97(1) of the Water Resources Act 1991, the Code of Good Agricultural Practice to protect water, soil and air quality which was issued by the Secretary of State in January 2009 (“the 2009 Code”), so far as it was issued for the purpose mentioned in Article 2.

The 2009 Code replaces, in relation to England, the separate Codes of Good Agricultural Practice for the Protection of Water, Air and Soil issued in relation to England and Wales by the Ministry of Agriculture, Fisheries and Food and the Welsh Office Agriculture Department in October 1998.

This instrument revokes, so far as it applies in England, the Water (Prevention of Pollution) (Code of Practice) Order 1998 (S.I. 1998/3084), which approved the Code of Good Agricultural Practice for the Protection of Water.

The Environment Agency is required, by section 97(2) of the Water Resources Act 1991, to take into account whether there has been or is likely to be any contravention of the 2009 Code in determining when and how to exercise its powers to impose a prohibition under section 86 of that Act (by giving notice under section 86(1)) and any powers conferred on it by regulations under section 92 of that Act.

Copies of the 2009 Code may be obtained from the Department for Environment, Food and Rural Affairs’ website at www.defra.gov.uk/farm/environment/cogap/index.htm or from The Stationery Office Ltd.

No impact assessment has been produced for this instrument as no impact on the costs of business or the voluntary sector is foreseen.