404. For regulation 9 substitute—E+W
9.—(1) An appropriate authority may give directions to an appropriate body requiring it—
(a)to advise the authority on the measures or policies which are to be included in a waste prevention programme or waste management plan;
(b)to carry out a survey or investigation into any other matter in connection with the preparation of such a programme or plan or any modification of it, and report its findings to the authority.
(2) A direction given under paragraph (1)(b)—
(a)must specify or describe the matters which are to be the subject of the survey or investigation;
(b)may specify bodies or persons to be consulted before carrying out the survey or investigation; and
(c)may make provision in relation to the manner in which—
(i)the survey or investigation is to be carried out; or
(ii)the findings are to be reported and made available.
(3) The appropriate body must comply with a direction given under paragraph (1).
(4) Where a direction is given under paragraph (1)(b), the appropriate body must also consult any body or person that it considers appropriate but is not specified in the direction.
(5) The appropriate body must make its findings available to the bodies and persons it consults.
(6) The power under paragraph (1) may only be exercised—
(a)by the Secretary of State in relation to the Natural Resources Body for Wales, with the consent of the Welsh Ministers;
(b)by the Welsh Ministers in relation to the Environment Agency, with the consent of the Secretary of State.”