Statutory Instruments
2009 No. 46
Agriculture, England
Water Resources, England
The Water (Prevention of Pollution) (Code of Good Agricultural Practice) (England) Order 2009
Made
12th January 2009
Coming into force
6th February 2009
The Secretary of State, in exercise of the powers conferred by section 97(1) of the Water Resources Act 1991( 1 ) and now vested in the Secretary of State( 2 ), makes the following Order.
The Secretary of State has consulted the Environment Agency in accordance with section 97(3)( 3 ) of that Act.
Title, application and commencement
1. This Order—
(a) may be cited as the Water (Prevention of Pollution) (Code of Good Agricultural Practice) (England) Order 2009;
(b) applies in England; and
(c) comes into force on 6th February 2009.
Approval of Code of Practice
2. The Secretary of State approves the Code of Good Agricultural Practice to protect water, soil and air quality which was issued by the Secretary of State on 6th January 2009( 4 ) so far as it was issued for the purpose of—
(a) giving practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters( 5 ); and
(b) promoting what appears to the Secretary of State to be desirable practices by such persons for avoiding or minimising the pollution of any such waters.
Revocation
3.The Water (Prevention of Pollution) (Code of Practice) Order 1998( 6 ) is revoked so far as it applies in England.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
12th January 2009
See section 221(1) for a definition of “the Minister” and “the Ministers”. Functions exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State jointly were transferred to the Secretary of State by article 2(3) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 ( S.I. 2002/794 ).
Section 97(3) was amended by the Environment Act 1995 (c. 25) , Schedule 22, paragraph 128.
The Code is available electronically from www.defra.gov.uk/farm/environment/cogap/index.htm or in hard copy from The Stationery Office Ltd (ISBN 978 0 11 243284 5).
See the definition of “controlled waters” in section 104(1) of the Water Resources Act 1991.