36 Codes of practice with respect to environmental and recreational duties.E+W+S
[F1(1)The Secretary of State 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 SEPA with respect to any of the matters for the purposes of which sections 32[F2, 34(2) and 35][F2and 34(2)] above have effect; and
(b)promoting what appear to him to be desirable practices by SEPA 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)In discharging its duties under section 32[F3, 34(2) or 35][F3or 34(2)] above, SEPA shall have regard to any code of practice, and any modifications of a code of practice, for the time being approved under this section.
(3)The Secretary of State shall not make an order under this section unless he has first consulted—
(a)SEPA;
(b)Scottish Natural Heritage;
(c)Scottish Enterprise;
(d)Highlands and Islands Enterprise;
[F4(da)Scottish Water;]
(g)[F5the North of Scotland Water Authority; and]
(h)such other persons as he considers it appropriate to consult.
(4)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1S. 36 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 14(8); S.S.I. 2014/160, art. 2(1)(2)
F2Words in s. 36(1)(a) substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 10(2)(a) (with s. 55(2)); S.S.I. 2004/495, art. 2
F3Words in s. 36(2) substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 10(2)(b) (with s. 55(2)); S.S.I. 2004/495, art. 2
F4S. 36(3)(da) substituted (S.) (1.4.2002) by 2002 asp 3, s. 71(2), Sch. 7 para. 24(2) (with s. 67); S.S.I. 2002/118, art. 2(3)
F5S. 36(3)(g) repealed (S.) (25.6.2003) by Water Industry (Scotland) Act 2002 Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 7