delete The Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 1997
This Order approves a Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity, providing practical guidance to farmers on avoiding water pollution. It applies to activities affecting 'controlled waters' and partially revokes an earlier 1992 Order. Certain chapters are excluded from approval (Chapters 10, 13 parts, 14, 16 parts, and 17).
This is a soft law instrument (Code of Practice) that creates compliance costs for farmers without democratic scrutiny of its specific requirements. The exclusion of numerous chapters suggests even the regulator recognised parts were overly burdensome. Agricultural water pollution is an externality better addressed through market mechanisms (e.g., pollution charges, tradeable rights) or property rights frameworks rather than prescriptive guidance that distort farmer decision-making and create uncertainty. The 1992 version's revocation is appropriate, but the replacement perpetuates the same regulatory approach without demonstrating net benefit.