Section 97 Codes of good agricultural practice.

England and Wales

(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 F1appropriate agency shall take into account whether there has been or is likely to be any such contravention in determining when and how it should exercise—

F2(a)

its relevant functions, in relation to water discharge activities, under the Environmental Permitting Regulations;

(b)

any powers conferred on the appropriate agency by regulations under section 92 above.

(3)

The Ministers shall not make an order under this section unless they have first consulted the appropriate agency.

Annotations

Textual amendments

F1: Words in ss. 92-97 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 274(a) (with Sch. 7)
F2: S. 97(2)(a) substituted (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 8(6) (with reg. 1(2), Sch. 4)

Notes on Part III

Modifications

C1: Pt. 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
C2: Pt. 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
C3: Pt. 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