§ 1.—(1) The Secretary of State in consultation with the Director General shall by order made by statutory instrument issue a code of practice with respect to the environmental and recreational duties for the purpose of:
- (a) requiring, when formulating or considering any relevant proposals, each of the following, namely, any licence holder, any person authorised by an exemption to generate electricity, the Director and the Secretary of State,
- (i) to further the conservation of the natural beauty and amenity of the countryside (including its flora and fauna and geological and physiographical features) and of any features of archaelogical interest there;
- (ii) to further the protection of buildings, features and other objects of architectural or historic interest; and
- (iii) to promote energy conservation.
- (b) giving advice to any licence holder, and any person authorised by exemption to generate electricity, with respect to any of the requirements in subsection 1(a) above;
- (c) promoting practices that will further the requirements under subsection 1(a) above;
§ (2) In fulfilling their responsibilities those named in subsection 1 above shall:
- (a) take into account any effect the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, buildings or objects, as described in subsection 1(a) above.
§ (3) In subsection (1) 'relevant proposals' means:
- (a) in relation to any licence holder or any person authorised by an exemption to generate electricity, any proposals, programme or series of proposals:
- (i) for the construction, extension or operation of a generating station;
- (ii) for the installation of an electric line, whether above or below ground;
- (iii) for the execution of any other works for or connection with the generation, transmission or supply of electricity;
- (b) in relation to the Director any proposals, programme or series of proposals which arise as a result of his general duties to promote the generation, and efficient use, of electricity;
- (c) in relation to the Secretary of State, any proposals for which his consent is required under this Act.
§ (4) In fulfilling their responsibilities under this section those named in subsection 1 shall consult on any proposals as defined in subsection (3) above with the Countryside Commission, the Nature Conservancy Council, the Historic Buildings and Monuments Commission for England and the Historic Buildings Council for Wales.
§ (5) The Secretary of State shall prior to issuing an order under this section in consultation with the Director General, take into account the views of the Countryside Commission, The Nature Conservancy Council, the Historic Buildings and Monuments Commission for England and Wales, the Historic Buildings Council for Wales and other persons it is reasonable to expect him to consult.
§ (6) A person who, contravenes or fails to comply with an order issued under this section shall be liable—
- (a) on summary conviction, to a fine not exceeding the statutory maximum;
- (b) on conviction on indictment, to a fine.
§ (7) Any person shall be entitled to lay a complaint of breach of any order under this section at any magistrates' court in England and Wales.
§ (8) This paragraph extends to England and Wales only.