Environment Act 1995

9 Codes of practice with respect to environmental and recreational duties.E+W+S

[F1(1)The appropriate national authority shall have power by order to approve any code of practice issued (whether by the appropriate national authority or by another person) for the purpose of—

(a)giving practical guidance to an appropriate agency with respect to any of the matters for the purposes of which the provisions specified in subsection (5) have effect, and

(b)promoting what appear to the appropriate national authority to be desirable practices by an appropriate agency with respect to those matters,

and may at any time by such an order approve a modification of such a code or withdraw its approval of such a code or modification.]

(2)In discharging its duties under [F2the provisions specified in subsection (5), an appropriate agency] shall have regard to any code of practice, and any modifications of a code of practice, for the time being approved under this section.

(3)[F3The Secretary of State shall not] make an order under this section unless he has first consulted—

(a)the Agency;

(b)[F4Natural England]F5...;

(c)the Historic Buildings and Monuments Commission for England;

(d)the Sports Council F6...; and

(e)such other persons as he considers it appropriate to consult.

[F7(3A)The Welsh Ministers shall not make an order under this section unless they have first consulted—

(a)the Natural Resources Body for Wales;

(b)the Sports Council for Wales; and

(c)such other persons as they consider it appropriate to consult.]

(4)The power F8... to make an order under this section shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament [F9(in the case of an order made by the Secretary of State) or of the National Assembly for Wales (in the case of an order made by the Welsh Ministers)].

[F10(5)The provisions referred to in subsections (1) and (2) are—

(a)in relation to the Agency, sections 6(1), 7 and 8;

(b)in relation to the Natural Resources Body for Wales—

(i)sections 6(1) and 8; and

(ii)articles 5A, 5C, 5D[F11, 5E] and 5G of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903).]

Textual Amendments

F1S. 9(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(2) (with Sch. 7)

F2Words in s. 9(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(3) (with Sch. 7)

F3Words in s. 9(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(4)(a) (with Sch. 7)

F4Words in s. 9(3)(b) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 142; S.I. 2006/2541, art. 2 (with Sch.)

F5Words in s. 9(3)(b) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(4)(b) (with Sch. 7)

F6Words in s. 9(3)(d) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 367(4)(c) (with Sch. 7)