Water Resources Act 1991

18 Codes of practice with respect to environmental and recreational duties

(1) Each of the Ministers shall have power by order to approve any code of practice issued (whether by him or by another person) for the purpose of—

(a) giving practical guidance to the Authority with respect to any of the matters for the purposes of which sections 2(2), 16 and 17 above have effect; and

(b) promoting what appear to him to be desirable practices by the Authority with respect to those matters,

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

(2) A contravention of a code of practice as for the time being approved under this section shall not of itself constitute a contravention of any requirement imposed by section 2(2), 16 or 17 above or give rise to any criminal or civil liability; but each of the Ministers shall be under a duty to take into account whether there has been or is likely to be any such contravention in determining when and how he should exercise his powers in relation to the Authority by virtue of this Act, the [1991 c. 59.] Land Drainage Act 1991, the [1991 c. 56.] Water Industry Act 1991 or the [1989 c. 15.] Water Act 1989.

(3) The power of each of the Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Neither of the Ministers shall make an order under this section unless he has first consulted—

(a) the Authority;

(b) the Countryside Commission, the Nature Conservancy Council for England and the Countryside Council for Wales;

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

(d) the Sports Council and the Sports Council for Wales; and

(e) such water undertakers, sewerage undertakers and other persons as he considers it appropriate to consult.