Section 36

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— 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. giving practical guidance to SEPA with respect to any of the matters for the purposes of which sections 32, 34(2) and 35and 34(2) above have effect; and promoting what appear to him to be desirable practices by SEPA with respect to those matters, In discharging its duties under section 32, 34(2) or 35or 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. The Secretary of State shall not make an order under this section unless he has first consulted— SEPA; Scottish Natural Heritage; Scottish Enterprise; Highlands and Islands Enterprise; Scottish Water; the North of Scotland Water Authority; and such other persons as he considers it appropriate to consult. 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.

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Source: legislation.gov.uk · retrieved 2026-07-30