Part 3Wildlife etc.

Pesticides harmful to wildlife

45Codes of practice

(1)

The Secretary of State may—

(a)

issue a code of practice in connection with any of the provisions of section 44 or Schedule 2 to the Food and Environment Protection Act 1985 (c. 48) as applied by section 44(4), and

(b)

revise or replace such a code.

(2)

An inspector must have regard to any relevant provision of a code when discharging any function under any provision mentioned in subsection (1)(a).

(3)

But an inspector's failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

(4)

A code—

(a)

is admissible in evidence in any proceedings, and

(b)

must be taken into account by a court in any case in which it appears to the court to be relevant.