PART 2MAIN PROVISIONS

Power to issue codes of recommended practice6

1

For the guidance of district councils, the Department may issue codes of recommended practice as regards—

a

functions conferred upon district councils in their capacity as competent authorities by or under Regulation 882/2004; or

b

the execution and enforcement of Part 3 of the Import Provisions,

and any such code shall be laid before the Assembly after being issued.

2

The Agency may, after consulting the Department, give a district council a direction requiring it to take any specified steps in order to comply with a code issued under this regulation.

3

In exercise of the functions conferred on them as competent authorities by or under Regulation 882/2004 and in their execution and enforcement of the Import Provisions, each district council—

a

shall have regard to any relevant provision of any such code; and

b

shall comply with any direction which is given under this regulation and requires it to take any specified steps in order to comply with such a code.

4

Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by mandatory order.

5

The Agency shall consult the Department before making an application under paragraph (4).

6

Before issuing any code under this regulation, the Department shall have regard to any relevant advice given by the Agency.