The Water and Sewerage (Conservation, Access and Recreation) (Code of Practice) Order 1989

Statutory Instruments

1989 No. 1152

WATER, ENGLAND AND WALES

The Water and Sewerage (Conservation, Access and Recreation) (Code of Practice) Order 1989

Made

6th July 1989

Laid before Parliament

7th July 1989

Coming into force

1st September 1989

The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in relation to water undertakers and sewerage undertakers, and acting jointly with the Minister of Agriculture, Fisheries and Food, in relation to the National Rivers Authority, in exercise of the powers conferred on them by section 10 of the Water Act 1989(1) and acting prior to any transfer date appointed under section 4 of that Act, hereby make the following Order:—

Citation and commencement

1.  This Order may be cited as the Water and Sewerage (Conservation, Access and Recreation) (Code of Practice) Order 1989 and shall come into force on 1st September 1989.

Code of Practice

2.  The Code of Practice on Conservation, Access and Recreation of which a copy was laid before each House of Parliament on 6th July 1989 and which was issued by the relevant Ministers(2)—

(a) to give practical guidance to the National Rivers Authority and to water undertakers and sewerage undertakers with respect to matters for the purposes of which sections 8 and 9 of the Water Act 1989 have effect; and

(b) to promote what appear to them to be desirable practices by the Authority and such undertakers with respect to those matters,

is hereby approved.

Signed by authority of the Secretary of State

Michael Howard

Minister of Water and Planning

Department of the Environment

6th July 1989

Peter Walker

Secretary of State for Wales

6th July 1989

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th July 1989.

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

Explanatory Note

(This note is not part of the Order)

This Order approves the Code of Practice on Conservation, Access and Recreation which was laid before each House of Parliament on 6th July 1989.

The Code gives practical guidance to the National Rivers Authority and water and sewerage undertakers with respect to matters relating to their environmental and recreational duties under sections 8 and 9 of the Water Act 1989 and seeks to promote desirable practices in these fields.

The Secretary of State and the Minister of Agriculture, Fisheries and Food, are required, by section 10 (2) of the 1989 Act, to take into account when considering the exercise of the powers conferred on them by the Act in relation to water or sewerage undertakers or the Authority whether there has been or is likely to be any contravention of an approved code of practice.

Copies of the Code are available for inspection at and may be obtained (without charge) from the Department of the Environment, Romney House, 43 Marsham Street, London SW1P 3PY, and at the Welsh Office, Cathays Park, Cardiff CF1 3NQ.

(1)

1989 c. 15; and see section 189(9) as to joint exercise of functions exercisable concurrently.

(2)

See the definition of “the relevant Minister” in section 10(5) of the Water Act.