The Water (Prevention of Pollution) (Code of Practice) Order 1991

Statutory Instruments

1991 No. 2285

AGRICULTURE

WATER, ENGLAND AND WALES

The Water (Prevention of Pollution) (Code of Practice) Order 1991

Made

1st October 1991

Coming into force

22nd October 1991

The Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by section 116(1) of the Water Act 1989(1), after consultation in accordance with section 116(3) of the said Act with the National Rivers Authority, hereby make the following Order:—

Title and commencement

1.  This Order may be cited as the Water (Prevention of Pollution) (Code of Practice) Order 1991 and shall come into force on 22nd October 1991.

Code of Practice

2.  The Code of Good Agricultural Practice for the Protection of Water dated July 1991, which was issued by the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, and of which a copy was deposited in each House of Parliament on 1st July 1991—

(a) to give practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters(2); and

(b) to promote what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,

is hereby approved.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th September 1991.

L.S.

Trumpington

Minister of State, Ministry of Agriculture, Fisheries and Food

David Hunt

Secretary of State for Wales

1st October 1991

Explanatory Note

(This note is not part of the Order)

This Order approves the Code of Good Agricultural Practice for the Protection of Water issued by the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales on 1st July 1991.

The Code gives practical guidance to persons engaged in agriculture with respect to activities that may cause water pollution and seeks to promote desirable practices by such persons in this field.

The National Rivers Authority is required, by section 116 of the Water Act 1989, to take into account whether there has been or is likely to be any contravention of an approved code of practice in determining when and how to exercise—

(a) its powers by giving a notice under section 107(2)(a) or (b) of the 1989 Act (to prohibit certain activities); and

(b) any powers which may be conferred on it by any Regulations under section 110(1) of the 1989 Act.

Copies of the Code may be obtained (without charge) from MAFF Publications, London SE99 7TP, or Welsh Office Agriculture Department, Crown Offices, Cathays Park, Cardiff CF1 3NQ.

(1)

1989 c. 15. See the definition of “the Minister” in section 189(1).

(2)

Seethe definition of “controlled waters” in section 103(1) of the Water Act 1989.