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PART 2MAIN PROVISIONS

Power to issue codes of recommended practice

6.—(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.