367.—(1) Section 9 is amended as follows.E+W
(2) For subsection (1) substitute—
“(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.”
(3) In subsection (2), for “section 6(1), 7 or 8 above, the Agency” substitute “ the provisions specified in subsection (5), an appropriate agency ”.
(4) In subsection (3)—
(a)for “Neither of the Ministers shall” substitute “ The Secretary of State shall not ”;
(b)in paragraph (b), omit “and the Countryside Council for Wales”;
(c)in paragraph (d), omit “and the Sports Council for Wales”.
(5) After subsection (3) insert—
“(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.”
(6) In subsection (4)—
(a)omit “of each of the Ministers”;
(b)at the end insert “ (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) ”.
(7) After subsection (4) insert—
“(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, 5E and 5G of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903).”