Legalize / United Kingdom / Public General Act

Environment Act 2021

Type Public General Act

Publication 2021-11-09

Last updated 2025-07-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru.

(7) Where regulations under this Act made or to be made by a Northern Ireland Department—

(a) are subject to the negative procedure, they are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) ;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

(8) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) for the meaning of “the negative procedure” and “the affirmative procedure” in relation to regulations under this Act made or to be made by the Scottish Ministers.

(9) Any provision that may be made by regulations under this Act subject to the negative procedure may be made by regulations subject to the affirmative procedure.

Crown application

144

(1) This Act binds the Crown, subject to subsection (2).

(2) An amendment or repeal made by this Act binds the Crown to the same extent as the provision amended or repealed.

Financial provisions

145

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of State, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

146

(1) In Part 1 of this Act (environmental governance)—

(a) the following provisions extend to England and Wales—

(i) Chapter 1 (improving the natural environment), except for sections 17 to 20;

(ii) section 28 (monitoring and reporting on environmental improvement plans and targets);

(b) sections 17 to 19 (policy statement on environmental principles) extend to England and Wales and Scotland;

(2) Part 2 of this Act (environmental governance: Northern Ireland) extends to Northern Ireland, except that—

(a) in Part 1 of Schedule 3, paragraphs 16 and 17(7) extend to England and Wales, Scotland and Northern Ireland;

(b) an amendment or repeal made by Part 2 of Schedule 3 has the same extent as the provision amended or repealed.

(3) In Part 3 of this Act (waste and resource efficiency)—

(a) the following provisions extend to England and Wales, Scotland and Northern Ireland—

(i) section 50 and Schedule 4 (producer responsibility obligations);

(ii) section 51 and Schedule 5 (producer responsibility for disposal costs);

(iii) section 52 and Schedule 6 (resource efficiency information);

(iv) section 53 and Schedule 7 (resource efficiency requirements);

(v) section 63 (procedure for regulations under the Environmental Protection Act 1990);

(b) the following provisions extend to England and Wales and Northern Ireland—

(i) section 54 and Schedule 8 (deposit schemes);

(ii) sections 55 and Schedule 9 (charges for single use items);

(i) section 60 (hazardous waste);

(ii) section 66 and Schedule 10 (enforcement powers);

(iii) section 68 (littering enforcement);

(d) section 71 (waste regulation: amendment of Northern Ireland Order) extends to Northern Ireland;

(e) an amendment or repeal has the same extent as the provision amended or repealed, except where contained in a provision for which a different extent is provided by this subsection.

(4) In Part 4 of this Act (air quality and environmental recall)—

(a) section 73 and Schedule 12 (smoke control areas) extend to England and Wales;

(b) sections 74 to 77 (recall of motor vehicles) extend to England and Wales, Scotland and Northern Ireland;

(c) an amendment or repeal has the same extent as the provision amended or repealed, except where contained in a provision for which a different extent is provided by this subsection.

(5) In Part 5 of this Act (water)—

(a) section 84 (report on elimination of discharges from storm overflows) extends to England and Wales;

(b) sections 89 and 93 (water quality) extend to England and Wales, Scotland and Northern Ireland;

(d) section 91 (water quality - powers of Northern Ireland Department) extends to Northern Ireland;

(e) section 92 (Solway Tweed river basin district) extends to England and Wales and Scotland;

(f) an amendment or repeal has the same extent as the provision amended or repealed.

(6) Part 6 of this Act (nature and biodiversity) extends to England and Wales, except that—

(a) the amendments made by Schedule 15 (biodiversity gain in nationally significant infrastructure projects) have the same extent as the provisions amended, and

(b) section 116 and Schedule 17 (use of forest risk commodities in commercial activity) extend to England and Wales, Scotland and Northern Ireland.

(7) Part 7 of this Act (conservation covenants) extends to England and Wales.

(8) This Part (miscellaneous and general provisions) extends to England and Wales, Scotland and Northern Ireland.

Meaning of “natural environment”

147

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) section 63 (procedure for regulations under the Environmental Protection Act 1990);

(b) this Part of this Act (miscellaneous and general provisions), except section 140 and Schedule 21 so far as relating to powers of a Northern Ireland department to make regulations under paragraph 2 of that Schedule.

(2) The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

(a) section 51 and Schedule 5 (producer responsibility for disposal costs) so far as relating to England and Wales and Scotland;

(b) section 52 and Schedule 6 (resource efficiency information) so far as relating to England and Wales and Scotland;

(d) section 54 and Schedule 8 (deposit schemes) so far as relating to England and Wales;

(e) section 55 and Schedule 9 (charges for single use items) so far as relating to England and Wales;

(f) section 56 (carrier bag charge) so far as relating to England and Wales;

(g) section 58 (electronic waste tracking);

(h) section 66 and Schedule 10 (enforcement powers);

(i) section 70 (regulation of polluting activities);

(j) section 80 (storm overflows) and section 84 (report on elimination of discharges from storm overflows);

(k) section 88 (water abstraction in England);

(l) section 89 (water quality), except so far as relating to legislation within section 89(2)(d) to (f) and any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018;

(m) sections 90, 92 and 93 (water quality);

(n) section 97 (disclosure of HMRC information).

(3) The following provisions of this Act come into force on such day as the Secretary of State may by regulations appoint —

(a) Part 1 (environmental governance);

(b) section 50 and Schedule 4 (producer responsibility obligations), so far as relating to England;

(d) section 60 (hazardous waste), so far as relating to England;

(e) section 62 (transfrontier shipments of waste);

(f) section 64 (charging powers), so far as relating to the Environment Agency;

(g) section 68 (littering enforcement), so far as relating to England;

(h) in section 69 (fixed penalty notices), subsections (2) and (4) and subsection (1) so far as relating to those subsections;

(i) section 72 and Schedule 11 (local air quality management framework);

(j) Parts 1 and 3 of Schedule 12 (smoke control areas) and section 73 so far as relating to those Parts;

(k) sections 74 to 77 (recall of motor vehicles);

(l) sections 78 and 79 (water management plans etc), so far as relating to undertakers whose areas are wholly or mainly in England;

(m) sections 81 and 82 (reporting and monitoring duties relating to discharges from storm overflows etc);

(n) section 83 (reduction of adverse impacts of storm overflows);

(o) sections 85 and 87 (amendments to Water Industry Act 1991), so far as relating to undertakers whose areas are wholly or mainly in England and licensees using the systems of such undertakers;

(p) section 86 and Schedule 13 (appointment of water and sewerage undertakers in England);

(q) section 94 (valuation of other land in drainage districts: England);

(r) section 96 (valuation of agricultural land in drainage districts), so far as relating to internal drainage districts which are wholly or mainly in England;

(s) Part 6 (nature and biodiversity);

(t) Part 7 (conservation covenants).

(4) The following provisions of this Act come into force on such day as the Welsh Ministers may by regulations appoint—

(a) section 50 and Schedule 4 (producer responsibility obligations), so far as relating to Wales;

(b) section 60 (hazardous waste), so far as relating to Wales;

(d) section 68 (littering enforcement), so far as relating to Wales;

(e) in section 69 (fixed penalty notices), subsections (3) and (5) and subsection (1) so far as relating to those subsections;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) sections 78 and 79 (water management plans etc), so far as relating to undertakers whose areas are wholly or mainly in Wales;

(h) sections 85 and 87 (amendments to Water Industry Act 1991), so far as relating to undertakers whose areas are wholly or mainly in Wales and licensees using the systems of such undertakers;

(i) section 95 (valuation of other land in drainage districts: Wales);

(j) section 96 (valuation of agricultural land in drainage districts), so far as relating to internal drainage districts which are wholly or mainly in Wales.

(5) The following provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint—

(a) section 50 and Schedule 4 (producer responsibility obligations), so far as relating to Scotland;

(b) section 64 (charging powers), so far as relating to the Scottish Environment Protection Agency.

(6) The following provisions of this Act come into force on such day as the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may by order appoint—

(a) Part 2 (environmental governance: Northern Ireland);

(b) section 50 and Schedule 4 (producer responsibility obligations), so far as relating to Northern Ireland;

(d) section 52 and Schedule 6 (resource efficiency information) so far as relating to Northern Ireland;

(e) section 53 and Schedule 7 (resource efficiency requirements) so far as relating to Northern Ireland;

(f) section 54 and Schedule 8 (deposit schemes) so far as relating to Northern Ireland;

(g) section 55 and Schedule 9 (charges for single use items), so far as relating to Northern Ireland;

(h) section 56 (carrier bag charge) so far as relating to Northern Ireland;

(i) section 59 (electronic waste tracking: Northern Ireland);

(j) section 61 (hazardous waste: Northern Ireland);

(k) section 65 (waste charging: Northern Ireland);

(l) section 67 (enforcement powers: Northern Ireland);

(m) section 71 (waste regulation: amendment of Northern Ireland Order);

(n) section 89 (water quality: powers of Secretary of State), so far as relating to legislation within section 89(2)(d) to (f) and any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018;

(o) section 91 (water quality: powers of Northern Ireland Department);

(p) section 140 and Schedule 21 (amendment of REACH legislation) so far as relating to powers of a Northern Ireland department to make regulations under paragraph 2 of that Schedule.

(7) An order under subsection (6) may not appoint a day for the coming into force of the following provisions of Schedule 3 (OEP’s Northern Ireland functions), unless the Secretary of State consents—

(a) paragraphs 16 and 17(7);

(b) Part 2.

(8) The power to make an order under subsection (6) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(9) An order under subsection (6) may not be made unless a draft of the order has been laid before and approved by a resolution of the Northern Ireland Assembly.

(10) A power to make regulations or an order under this section includes power to appoint different days for different purposes or areas.

Transitional or saving provision

148

(1) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(2) The Welsh Ministers may by regulations make transitional or saving provision in connection with the coming into force of any provision within section 147(4) (provisions to be commenced by Welsh Ministers).

(3) The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of any provision within section 147(5) (provisions to be commenced by Scottish Ministers).

(4) The Department of Agriculture, Environment and Rural Affairs in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of any provision within section 147(6) (provisions to be commenced by Department).

(5) Regulations under this section—

(a) made by the Welsh Ministers, may contain only provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd;

(b) made by the Scottish Ministers, may contain only provision which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament;

(c) made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, may contain only provision which, if contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Assembly and would not require the Secretary of State’s consent.

(6) Regulations under this section made by the Secretary of State may not contain provision that could be contained in regulations under this section—

(a) made by the Welsh Ministers, unless the Welsh Ministers consent;

(b) made by the Scottish Ministers, unless the Scottish Ministers consent;

(c) made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, unless the Department consents.

(7) Any provision which could be made by regulations under this section made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may be made by an order made by the Department under section 147.

(8) A power to make regulations or an order under this section includes power to make different provision for different purposes or areas.

Short title

149

This Act may be cited as the Environment Act 2021.

SCHEDULE 1

Environmental monitoring

1

(1) The OEP is to consist of—

(a) a Chair (who is to be a non-executive member),

(aa) a Northern Ireland member (who is to be a non-executive member),

(b) at least two, but not more than five, other non-executive members,

(d) at least one, but not more than three, other executive members.

(2) The members are to be appointed by the Secretary of State , the Northern Ireland Department and the OEP in accordance with paragraphs 2 and 3.

(3) When exercising their functions of appointment the Secretary of State and the OEP must ensure, so far as practicable, that the number of non-executive members (including the Northern Ireland member) is at all times greater than the number of executive members.

Appointment of non-executive members

2

(1) The Chair is to be appointed by the Secretary of State acting jointly with the Northern Ireland Department, other than the first Chair who is to be appointed by the Secretary of State.

(2) The Northern Ireland member is to be appointed by the Northern Ireland Department after consulting the Secretary of State and the Chair.

(2A) The other non-executive members are to be appointed by the Secretary of State after consulting the Northern Ireland Department and the Chair.

(2B) The Northern Ireland Department must appoint as the Northern Ireland member a person with experience of—

(a) Northern Ireland environmental law (within the meaning of Part 1 of Schedule 3),

(b) environmental science in Northern Ireland, or

(3) The Secretary of State must, in appointing non-executive members, have regard to the desirability of the members (between them) having experience of—

(a) law (including international law) relating to the natural environment,

(b) environmental science,

(d) investigatory and enforcement proceedings.

(4) A person may not be appointed as a non-executive member if the person is an employee of the OEP.

Appointment of executive members

3

(1) The chief executive is to be appointed by the non-executive members of the OEP, other than the first chief executive who is to be appointed by the Chair.

(2) The other executive members are to be appointed by the OEP.

(3) The Secretary of State and the Northern Ireland Department must be consulted before a person is appointed as chief executive.

(4) An executive member must be an employee of the OEP.

Interim chief executive

4

(1) The Secretary of State may appoint a person as an executive member to act as chief executive of the OEP (“an interim chief executive”) until the appointment of the first chief executive by the Chair under paragraph 3(1).

(2) Where the OEP has fewer members than are needed to hold a meeting that is quorate (see paragraph 11(2)), an interim chief executive may incur expenditure and do other things in the name and on behalf of the OEP.

(3) In exercising the power in sub-paragraph (2), an interim chief executive must act in accordance with any directions given by the Secretary of State.

(4) Neither paragraph 3(4) (requirement that executive members are employees) nor paragraph 5(2) (requirement that members are not civil servants) apply to an interim chief executive.

Terms of membership

5

(1) A member of the OEP holds and vacates office in accordance with the terms of the member’s appointment, subject to the provisions of this Schedule.

(2) A person may not hold office as a member of the OEP if the person is employed in the civil service of the State.

(3) A non-executive member must be appointed for a fixed term of no more than 5 years.

(4) The Secretary of State must, in determining the length of a non-executive member’s term, have regard to the desirability of securing that the appointments of non-executive members (including the Northern Ireland member) expire at different times.

(4A) The Northern Ireland Department must, in determining the length of a Northern Ireland member’s term, have regard to the desirability of securing that the appointments of non-executive members expire at different times.

(5) The previous appointment of a person as a non-executive member does not affect the person’s eligibility for re-appointment.

(6) A non-executive member ceases to be a member of the OEP upon becoming its employee.

(7) A non-executive member, other than the Northern Ireland member—

(a) may resign from office by giving notice to the Secretary of State, and

(b) may be removed from office by notice given by the Secretary of State, after consulting the Northern Ireland Department, on the grounds that the member—

(i) has without reasonable excuse failed to discharge the member’s functions, or

(ii) is, in the opinion of the Secretary of State, unable or unfit to carry out the member’s functions.

(8) The Northern Ireland member—

(a) may resign from office by giving notice to the Northern Ireland Department, and

(b) may be removed from office by notice given by the Northern Ireland Department after consulting the Secretary of State, on the grounds that the member—

(i) has without reasonable excuse failed to discharge the member’s functions, or

(ii) is, in the opinion of the Northern Ireland Department, unable or unfit to carry out the member’s functions.

Remuneration of non-executive members

6

(1) The OEP must pay its non-executive members such remuneration and allowances as the Secretary of State may determine.

(2) If a person ceases to be a non-executive member, other than by reason of their term of office expiring, and the Secretary of State determines that the person should be compensated because of special circumstances, the OEP must pay compensation of such amount as the Secretary of State may determine.

(3) The Secretary of State must consult the Chair before making a determination under this paragraph.

Staffing and remuneration

7

(1) The OEP may—

(a) appoint employees on such terms as it determines, and

(b) make such other arrangements for the staffing of the OEP as it determines.

(2) The terms of the first chief executive’s appointment are to be determined by the Chair.

(3) The OEP must pay its employees such remuneration as the OEP may determine.

(4) The OEP must pay, or make provision for paying, to or in respect of a person who is or has been an employee of the OEP, such sums as the OEP may determine with the approval of the Secretary of State in respect of pensions, allowances and gratuities.

(5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “other Bodies”, at the appropriate place insert—

The Office for Environmental Protection.

(6) The OEP must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Powers

8

(1) The OEP may do anything (other than something mentioned in sub-paragraph (2)) it thinks appropriate for the purposes of, or in connection with, its functions.

(2) The OEP may not—

(a) accept gifts of money, land or other property, or

(b) form, participate in forming, or invest in, a company, partnership, joint venture or other similar form of organisation.

Committees

9

(1) The OEP may establish committees.

(2) A committee may include persons who are not members of the OEP (whether or not they are employees of the OEP).

(3) A member of a committee who is neither a member nor an employee of the OEP is not entitled to vote at meetings of that committee.

(4) The OEP may pay such allowances as it may determine to any person who—

(a) is a member of a committee, but

(b) is neither a member, nor an employee, of the OEP.

Delegation to members, committees and employees

10

(1) The OEP may delegate any of its functions (other than a function mentioned in sub-paragraph (4)) to—

(a) a member of the OEP,

(b) any of the OEP’s employees authorised for that purpose, or

(2) The OEP must prepare a document that sets out its policy on how its functions may be appropriately delegated (a “delegation policy”).

(3) A function is delegated under this paragraph to the extent, and on the terms, that the OEP determines in accordance with its delegation policy.

(4) The OEP may not delegate the following functions—

(a) approving the strategy under section 23(3) (or a revision of it);

(b) approving a report under section 28 or 29 , or a report under paragraph 1 or 2 of Schedule 3 (functions of the OEP in Northern Ireland);

(c) approving written advice to a Minister of the Crown under section 30(1) or (3) , or written advice to a Northern Ireland department under paragraph 3(1) or (3) of Schedule 3;

(d) deciding whether to give an information notice or a Northern Ireland information notice;

(e) deciding whether to give a decision notice or a Northern Ireland decision notice;

(f) deciding whether to apply for an environmental review (see section 38);

(g) deciding whether to apply for judicial review or a statutory review, or to intervene in proceedings that relate to a judicial review or a statutory review (see section 39);

(ga) deciding whether to make a review application (see paragraph 12 of Schedule 3) or an application for judicial review by virtue of paragraph 13(1) of that Schedule or to intervene in proceedings that relate to a judicial review (see paragraph 13 of that Schedule);

(h) approving a delegation policy under sub-paragraph (2);

(i) approving a report on the exercise of the OEP’s functions under paragraph 13(1) or a statement of accounts under paragraph 14(2).

Procedure

11

(1) The OEP may determine its own procedure, subject to sub-paragraph (2), and the procedure of its committees.

(2) A meeting of the OEP is not quorate unless—

(a) there are at least three members present, and

(b) a majority of the members present are non-executive members.

(3) The validity of any proceedings of the OEP is not affected by any vacancy among its members or by any defect in the appointment of such a member.

Funding

12

(1) The Secretary of State and the Northern Ireland Department must , between them, pay to the OEP such sums as they consider are reasonably sufficient to enable the OEP to carry out its functions.

(2) The Secretary of State , or the Northern Ireland Department, may provide further financial assistance to the OEP (including by way of grants, loans, guarantees or indemnities) subject to such conditions as the Secretary of State , or that department, may determine.

Annual report

13

(1) As soon as reasonably practicable after the end of each financial year the OEP must prepare a report on the exercise of its functions during that financial year.

(2) The OEP must—

(a) arrange for its report to be laid before Parliament and the Northern Ireland Assembly, and

(b) publish it.

Annual accounts

14

(1) The OEP must keep proper accounts and proper records in relation to them.

(2) The OEP must prepare a statement of accounts in respect of each financial year in the form specified by the Secretary of State.

(3) A statement of accounts must include an assessment by the OEP of whether, in the financial year to which the statement relates, the Secretary of State and the Northern Ireland Department provided it with sufficient sums to carry out its functions.

(4) The OEP must send a copy of each statement of accounts to the Secretary of State , the Northern Ireland Department and the Comptroller and Auditor General as soon as reasonably practicable after the end of the financial year to which it relates.

(5) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts, and

(b) send a copy of the certified statement and the report to the Secretary of State , the Northern Ireland Department and the OEP.

(6) The OEP must arrange for the laying before Parliament and the Northern Ireland Assembly of a copy of—

(a) its certified statement of accounts, and

(b) the Comptroller and Auditor General’s report on its statement of accounts.

Meaning of “financial year”

15

In this Schedule “financial year” means—

(a) the period beginning with the date on which the OEP is established and ending with 31 March following that date, and

(b) each successive period of 12 months.

Status

16

(1) The OEP is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The OEP’s property is not to be regarded as property of, or property held on behalf of, the Crown.

(3) Service as a member, or as an employee, of the OEP is not service in the civil service of the State.

Independence of the OEP

17

In exercising functions in respect of the OEP, the Secretary of State and the Northern Ireland Department must have regard to the need to protect its independence.

Disqualification from membership of legislatures

18

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert—

The Office for Environmental Protection.

19

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert—

The Office for Environmental Protection.

Public records

20

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert—

The Office for Environmental Protection.

Freedom of Information

21

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert—

The Office for Environmental Protection.

Investigation by the Parliamentary Commissioner

22

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments subject to investigation), at the appropriate place insert—

The Office for Environmental Protection.

Public sector equality duty

23

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the heading “Environment, housing and development”, at the appropriate place insert—

The Office for Environmental Protection.

SCHEDULE 2

PART 1 — Environmental improvement plans

Environmental improvement plans

1

(1) The Department must prepare an environmental improvement plan.

(2) An “environmental improvement plan” is a plan for significantly improving the natural environment.

(3) The plan may—

(a) relate to a period specified in the plan, or

(b) be of no specified duration.

(4) An environmental improvement plan must set out—

(a) the steps that the Department intends to take to improve the natural environment, and

(b) any steps that any other Northern Ireland department intends to take to improve the natural environment.

(5) It may also set out steps that any Northern Ireland department intends to take to improve people’s enjoyment of the natural environment (and if it does so references in this Schedule to improving the natural environment, in relation to that plan, include improving people’s enjoyment of it).

(6) In preparing an environmental improvement plan, the Department must consult such other Northern Ireland departments as it considers appropriate.

(7) The Department must lay before the Northern Ireland Assembly, and publish, an environmental improvement plan before the end of the 12 month period beginning with the day on which this paragraph comes into force.

(8) References in this Schedule to the current environmental improvement plan are to the environmental improvement plan for the time being in effect.

Annual reports on environmental improvement plans

2

(1) The Department must prepare annual reports on the implementation of the current environmental improvement plan.

(2) An annual report must—

(a) describe what has been done, in the period to which the report relates, to implement the environmental improvement plan, and

(b) consider, having regard to any data obtained under paragraph 5, whether the natural environment has, or particular aspects of it have, improved during that period.

(3) Annual reports on an environmental improvement plan must relate to—

(a) the 12 month period beginning with the day on which the plan is published, and

(b) each subsequent 12 month period.

(4) An annual report must be laid before the Northern Ireland Assembly before the end of the 4 month period beginning immediately after the last day of the period to which the report relates.

(5) The Department must publish annual reports laid before the Northern Ireland Assembly under this paragraph.

Reviewing and revising environmental improvement plans

3

(1) The Department must—

(a) review the current environmental improvement plan in accordance with this paragraph, and

(b) if the Department considers it appropriate as a result of the review, revise the plan.

(2) The first review of an environmental improvement plan must be completed before the end of the 5 year period beginning with—

(a) if it is the first environmental improvement plan, the day on which it is published, and

(b) otherwise, the day on which it replaces the previous plan (see paragraph 4(6)).

(3) Subsequent reviews of an environmental improvement plan must be completed before the end of the 5 year period beginning with the day on which the previous review was completed.

(4) In reviewing an environmental improvement plan, the Department must—

(a) consider what has been done to implement the plan in the period since it was published or (if it has been reviewed before) last reviewed,

(b) consider whether, having regard to data obtained under paragraph 5 and reports made by the OEP under paragraph 1 of Schedule 3, the natural environment has, or particular aspects of it have, improved during that period, and

(c) consider whether any Northern Ireland department should take further or different steps to improve the natural environment (compared to those set out in the plan).

(5) In reviewing and revising an environmental improvement plan, the Department must consult such other Northern Ireland departments as it considers appropriate.

(6) If as a result of a review the Department considers it appropriate to revise the plan, the Department must lay before the Northern Ireland Assembly—

(a) a revised environmental improvement plan, and

(b) a statement explaining the revisions and the reasons for them.

(7) If as a result of a review the Department does not consider it appropriate to revise the plan, the Department must lay before the Northern Ireland Assembly a statement explaining that and the reasons for it.

(8) The Department must publish the documents laid under sub-paragraph (6) or (7).

(9) A review is completed when the Department has laid and published the documents mentioned in sub-paragraph (6) or (7).

(10) References in this Schedule to an environmental improvement plan include a revised environmental improvement plan.

Renewing environmental improvement plans

4

(1) This paragraph applies where an environmental improvement plan relates to a period specified in the plan.

(2) Before the end of the period to which the environmental improvement plan (the “old plan”) relates, the Department must prepare a new environmental improvement plan (the “new plan”).

(3) If the new plan relates to a period specified in the plan, that period must begin no later than immediately after the end of the period to which the old plan relates.

(4) In preparing the new plan the Department must—

(a) consider what has been done to implement the old plan,

(b) consider whether, having regard to data obtained under paragraph 5 and reports made by the OEP under paragraph 1 of Schedule 3, the natural environment has improved since the beginning of the period to which the old plan relates,

(c) consider whether any Northern Ireland department should take further or different steps to improve the natural environment (compared to those set out in the old plan) after the end of that period, and

(d) consult such other Northern Ireland departments as it considers appropriate.

(5) At or before the end of the period to which the old plan relates the Department must lay before the Northern Ireland Assembly, and publish, the new plan.

(6) The new plan replaces the old plan when—

(a) it has been laid and published, and

(b) if it relates to a period specified in the new plan, that period has begun.

Environmental monitoring

5

(1) The Department must make arrangements for obtaining such data about the natural environment as the Department considers appropriate for the purpose of monitoring whether the natural environment is, or particular aspects of it are, improving in accordance with the current environmental improvement plan.

(2) The Department must lay before the Northern Ireland Assembly, and publish, a statement setting out the kinds of data to be obtained under sub-paragraph (1).

(3) The first statement must be laid before the end of the 4 month period beginning with the day on which this paragraph comes into force.

(4) The Department may revise the statement at any time (and sub-paragraph (2) applies to any revised statement).

(5) The Department must publish any data obtained under sub-paragraph (1).

PART 2 — Policy statement on environmental principles

Policy statement on environmental principles

6

(1) The Department must prepare a policy statement on environmental principles in accordance with this paragraph and paragraph 7.

(2) A “policy statement on environmental principles” is a statement explaining how the environmental principles should be interpreted and proportionately applied—

(a) by Northern Ireland departments when making policy, and

(b) by Ministers of the Crown when making policy so far as relating to Northern Ireland.

(3) It may also explain how Northern Ireland departments and Ministers of the Crown, when interpreting and applying the environmental principles, should take into account other considerations relevant to their policy.

(4) The Department must be satisfied that the statement will, when it comes into effect, contribute to—

(a) the improvement of environmental protection, and

(b) sustainable development.

(5) In this Schedule “environmental principles” means the following principles—

(a) the principle that environmental protection should be integrated into the making of policies,

(b) the principle of preventative action to avert environmental damage,

(d) the principle that environmental damage should as a priority be rectified at source, and

(e) the polluter pays principle.

Policy statement on environmental principles: process

7

(1) The Department must prepare a draft of the policy statement on environmental principles.

(2) The Department must consult—

(a) the other Northern Ireland departments,

(b) the Secretary of State, and

in relation to the draft statement.

(3) The Department must lay the draft statement before the Northern Ireland Assembly.

(4) If before the end of the 21 day period the Northern Ireland Assembly passes a resolution in respect of the draft statement, the Department must produce a response and lay it before the Assembly.

(5) The Department must prepare and lay before the Northern Ireland Assembly the final statement, but not before—

(a) if sub-paragraph (4) applies, the day on which the Department lays the response required by that sub-paragraph, or

(b) otherwise, the end of the 21 day period.

(6) The final statement has effect when it is laid before the Northern Ireland Assembly.

(7) The Department must publish the statement when it comes into effect.

(8) The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft statement is laid under sub-paragraph (3).

(9) “Sitting day” means a day on which the Northern Ireland Assembly sits.

(10) The requirements in sub-paragraphs (1) and (2) may be met by the preparation of a draft statement, and consultation, before this paragraph comes into force.

(11) The Department may prepare a revised policy statement on environmental principles at any time (and sub-paragraphs (1) to (9) apply in relation to any revised statement).

Policy statement on environmental principles: effect

8

(1) A Northern Ireland department must, when making policy, have due regard to the policy statement on environmental principles currently in effect.

(2) A Minister of the Crown must, when making policy so far as relating to Northern Ireland, have due regard to the policy statement on environmental principles currently in effect.

(3) Nothing in this paragraph requires a Northern Ireland department or a Minister of the Crown to do anything (or refrain from doing anything) if doing it (or refraining from doing it)—

(a) would have no significant environmental benefit, or

(b) would be in any other way disproportionate to the environmental benefit.

(4) Sub-paragraph (1) does not apply to policies so far as relating to taxation, spending or the allocation of resources within government.

(5) Sub-paragraph (2) does not apply to policies so far as relating to—

(a) the armed forces, defence or national security, or

(b) taxation, spending or the allocation of resources within government.

PART 3 — Interpretation

Meaning of “natural environment”

9

In this Schedule the “natural environment” means—

(a) plants, wild animals and other living organisms,

(b) their habitats,

and the natural systems, cycles and processes through which they interact.

Meaning of “environmental protection”

10

In this Schedule “environmental protection” means any of the following—

(a) protection of the natural environment from the effects of human activity;

(b) protection of people from the effects of human activity on the natural environment;

(d) monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c).

General interpretation

11

(1) In this Schedule—

“current environmental improvement plan” has the meaning given by paragraph 1(8);

the “Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

“environmental improvement plan” has the meaning given by paragraph 1 (and see also paragraph 3(10));

“environmental principles” has the meaning given by paragraph 6(5);

“improving the natural environment”, in relation to an environmental improvement plan, is to be read in accordance with paragraph 1(5);

“making” policy includes developing, adopting or revising policy;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“OEP” has the meaning given by section 22;

“policy” includes proposals for legislation, but does not include an administrative decision taken in relation to a particular person or case (for example, a decision on an application for planning permission, funding or a licence, or a decision about regulatory enforcement);

“policy statement on environmental principles” has the meaning given by paragraph 6.

(2) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) applies in relation to the laying of a document before the Northern Ireland Assembly under this Schedule, as it applies in relation to the laying of a statutory document under an Act of the Northern Ireland Assembly.

SCHEDULE 3

PART 1 — The OEP’s Northern Ireland functions

Monitoring and reporting on the Department’s environmental improvement plans

1

(1) The OEP must monitor progress in improving the natural environment in accordance with the current environmental improvement plan.

(2) The OEP must prepare a progress report for each annual reporting period.

(3) A progress report for an annual reporting period is a report on progress made in that period in improving the natural environment in accordance with the current environmental improvement plan.

(4) An annual reporting period is a period for which the Department must prepare a report under paragraph 2 of Schedule 2 (a “Schedule 2 report”).

(5) In reporting on progress made in an annual reporting period, the OEP must consider—

(a) the Schedule 2 report for that period,

(b) the data published by the Department under paragraph 5 of Schedule 2 that relates to that period, and

(6) A progress report for an annual reporting period may include—

(a) consideration of how progress could be improved, and

(b) consideration of the adequacy of the data published by the Department under paragraph 5 of Schedule 2.

(7) The OEP must—

(a) arrange for its reports under this paragraph to be laid before the Northern Ireland Assembly, and

(b) publish them.

(8) A progress report for an annual reporting period must be laid no later than 6 months after the Schedule 2 report for that period is laid before the Northern Ireland Assembly.

(9) The Department must—

(a) respond to a report under this paragraph, and

(b) lay before the Northern Ireland Assembly, and publish, a copy of the response.

(10) Where a report under this paragraph contains a recommendation for how progress could be improved, the response must address that recommendation.

(11) The response—

(a) must be laid no later than 12 months after the report is laid, and

(b) may be included in a Schedule 2 report.

Monitoring and reporting on environmental law

2

(1) The OEP must monitor the implementation of Northern Ireland environmental law.

(2) The OEP may report on any matter concerned with the implementation of Northern Ireland environmental law.

(3) But the OEP must not monitor the implementation of, or report on, a matter within the remit of the Committee on Climate Change.

(4) A matter is within the remit of the Committee on Climate Change if it is a matter on which the Committee is, or may be, required to advise or report under Part 1, sections 34 to 36, or section 48 of the Climate Change Act 2008.

(5) The OEP must—

(a) arrange for its reports under this paragraph to be laid before the Northern Ireland Assembly, and

(b) publish them.

(6) The Department must—

(a) respond to a report under this paragraph, and

(b) lay before the Northern Ireland Assembly, and publish, a copy of the response.

(7) The response to a report under this paragraph must be laid no later than 3 months after the report is laid.

Advising on changes to Northern Ireland environmental law etc

3

(1) The OEP must give advice to any Northern Ireland department about—

(a) any proposed change to Northern Ireland environmental law, or

(b) any other matter relating to the natural environment,

on which that department requires it to give advice.

(2) The Northern Ireland department may specify matters which the OEP is to take into account in giving the required advice.

(3) The OEP may give advice to any Northern Ireland department about any changes to Northern Ireland environmental law proposed by that department.

(4) Advice under this paragraph is to be given in writing to the Northern Ireland department concerned.

(5) The OEP must publish—

(a) its advice, and

(b) if the advice is given under sub-paragraph (1), a statement of the matter on which it was required to give advice and any matters specified under sub-paragraph (2).

(6) The Northern Ireland department concerned may, if it thinks fit, lay before the Northern Ireland Assembly—

(a) the advice, and

(b) any response that department may make to the advice.

Failure of relevant public authorities to comply with environmental law

4

(1) Paragraphs 6 to 15 make provision about functions of the OEP in relation to failures by relevant public authorities to comply with relevant environmental law.

(2) For the purposes of those paragraphs, a reference to a relevant public authority failing to comply with relevant environmental law means the following conduct by that authority—

(a) unlawfully failing to take proper account of relevant environmental law when exercising its functions;

(b) unlawfully exercising, or failing to exercise, any function it has under relevant environmental law.

Meaning of relevant environmental law, relevant public authority etc

5

(1) The following definitions apply for the purpose of this Part of this Schedule.

(2) “Relevant environmental law” means—

(a) in relation to a Northern Ireland public authority, UK environmental law or Northern Ireland environmental law;

(b) in relation to any other relevant public authority, Northern Ireland environmental law.

(3) “Relevant public authority” means—

(a) a Northern Ireland public authority, or

(b) a person, other than a Northern Ireland public authority, carrying out any function of a public nature in or as regards Northern Ireland that is not a parliamentary function or a function of any of the following persons—

(i) the OEP;

(ii) a court or tribunal;

(iii) either House of Parliament;

(iv) the Northern Ireland Assembly.

(4) “Northern Ireland public authority” means—

(a) a Northern Ireland department, or

(b) a person carrying out a Northern Ireland devolved function (including an implementation body carrying out such a function) that is not a function in connection with proceedings in the Northern Ireland Assembly or a function of any of the following persons—

(i) the OEP;

(ii) a court or tribunal;

(iii) the Northern Ireland Assembly.

(5) “Northern Ireland devolved function” means a function of a public nature exercisable in or as regards Northern Ireland that could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

Complaints about relevant public authorities

6

(1) A person may make a complaint to the OEP under this paragraph if the person believes that a relevant public authority has failed to comply with relevant environmental law.

(2) The OEP must prepare and publish a document which sets out the procedure by which complaints can be made.

(3) A complaint under this paragraph must be made in accordance with that procedure (as most recently published).

(4) A complaint under this paragraph may not be made by any person whose functions include functions of a public nature.

(5) A complaint about a relevant public authority may not be made under this paragraph if—

(a) the authority operates a procedure for considering complaints (“an internal complaints procedure”) under which the complaint could be considered, and

(b) that procedure has not been exhausted.

(6) A complaint under this paragraph may not be made after the later of—

(a) the end of the 1 year period beginning with the day on which the alleged failure that is the subject of the complaint last occurred, and

(b) if the substance of the complaint was subject to an internal complaints procedure, the end of the 3 month period beginning with the day on which that procedure was exhausted.

(7) The OEP may waive the time limit in sub-paragraph (6) if it considers that there are exceptional reasons for doing so.

Investigations: relevant public authorities

7

(1) The OEP may carry out an investigation under this paragraph if it receives a complaint made under paragraph 6 that, in its view, indicates that—

(a) a relevant public authority may have failed to comply with relevant environmental law, and

(b) if it has, the failure would be a serious failure.

(2) The OEP may carry out an investigation under this paragraph without having received such a complaint if it has information that, in its view, indicates that—

(a) a relevant public authority may have failed to comply with relevant environmental law, and

(b) if it has, the failure would be a serious failure.

(3) An investigation under this paragraph is an investigation into whether the relevant public authority has failed to comply with relevant environmental law.

(4) The OEP must notify the relevant public authority of the commencement of the investigation.

(5) The OEP must prepare a report on the investigation and provide it to the relevant public authority.

(6) The OEP is not required to prepare a report until it has concluded that it intends to take no further steps under this Part of this Schedule in relation to the alleged failure to comply with relevant environmental law that is the subject of the investigation.

(7) The OEP is not required to prepare a report if it has made a review application, or an application for judicial review by virtue of paragraph 13(1), in relation to the alleged failure.

(8) The report must set out—

(a) whether the OEP considers that the relevant public authority has failed to comply with relevant environmental law,

(b) the reasons the OEP came to that conclusion, and

(c) any recommendations the OEP may have (whether generally or for the relevant public authority) in light of those conclusions.

(9) The OEP may publish the report or parts of it.

(10) If the public authority is not a Northern Ireland department, the OEP must also—

(a) notify the relevant department of the commencement of the investigation, and

(b) provide the relevant department with the report prepared under sub-paragraph (5).

(11) In this Part “the relevant department”, in relation to a failure (or alleged failure) of a relevant public authority to comply with relevant environmental law, means the Northern Ireland department that the OEP considers appropriate having regard to the nature of the authority and the nature of the failure.

Duty to keep complainants informed

8

(1) Where a person makes a complaint to the OEP alleging that a relevant public authority has failed to comply with relevant environmental law, the OEP must keep the complainant informed about its handling of the complaint.

(2) In particular, the OEP must—

(a) notify the complainant if it does not intend to consider the complaint because the complaint was not made in accordance with paragraph 6;

(b) notify the complainant if it has concluded that it will not be commencing an investigation under paragraph 7 in relation to the complaint;

(d) if such an investigation is commenced, notify the complainant—

(i) where it provides a report under paragraph 7(5) to the relevant public authority that is the subject of the investigation, that it has provided it;

(ii) where it makes a review application (see paragraph 12), or an application for judicial review by virtue of paragraph 13(1), in relation to the alleged failure to comply with relevant environmental law that is the subject of the investigation, that it has made such an application;

(e) provide the complainant with a copy of any document published under paragraph 7(9) in relation to any investigation in relation to the complaint.

Information notices

9

(1) The OEP may give an information notice to a relevant public authority if—

(a) the OEP has reasonable grounds for suspecting that the authority has failed to comply with relevant environmental law, and

(b) it considers that the failure, if it occurred, would be serious.

(2) An information notice is a notice which—

(a) describes an alleged failure of a relevant public authority to comply with relevant environmental law,

(b) explains why the OEP considers that the alleged failure, if it occurred, would be serious, and

(3) The recipient of an information notice must—

(a) respond in writing to the notice, and

(b) so far as is reasonably practicable, provide the OEP with the information requested in the notice.

(4) The recipient of an information notice must comply with sub-paragraph (3) by—

(a) the end of the 2 month period beginning with the day on which the notice was given, or

(b) such later date as may be specified in the notice.

(5) The written response to an information notice must set out—

(a) the recipient’s response to the allegation described in the notice, and

(b) what steps (if any) the recipient intends to take in relation to the allegation.

(6) The OEP may—

(a) withdraw an information notice;

(b) give more than one information notice in respect of the same alleged failure of a relevant public authority to comply with relevant environmental law.

(7) Where the OEP intends to give an information notice to a relevant public authority in respect of an alleged failure to comply with relevant environmental law which relates to emissions of greenhouse gases (within the meaning of the Climate Change Act 2008), the OEP—

(a) must notify the Committee on Climate Change of its intention before it gives the notice to the authority, and

(b) must provide that Committee with such information relating to the alleged failure as the OEP considers appropriate.

Decision notices

10

(1) The OEP may give a decision notice to a relevant public authority if—

(a) the OEP is satisfied, on the balance of probabilities, that the authority has failed to comply with relevant environmental law, and

(b) it considers that the failure is serious.

(2) A decision notice is a notice that—

(a) describes a failure of a relevant public authority to comply with relevant environmental law,

(b) explains why the OEP considers that the failure is serious, and

(c) sets out the steps the OEP considers the authority should take in relation to the failure (which may include steps designed to remedy, mitigate or prevent reoccurrence of the failure).

(3) The recipient of a decision notice must respond in writing to that notice by—

(a) the end of the 2 month period beginning with the day on which the notice was given, or

(b) such later date as may be specified in the notice.

(4) The written response to a decision notice must set out—

(a) whether the recipient agrees that the failure described in the notice occurred,

(b) whether the recipient intends to take the steps set out in the notice, and

(5) The OEP—

(a) may not give a decision notice to a relevant public authority unless it has first given at least one information notice relating to the failure of the authority to comply with relevant environmental law that is described in the decision notice;

(b) may withdraw a decision notice.

Linked notices

11

(1) If the OEP gives an information notice or a decision notice to more than one relevant public authority in respect of the same or similar conduct, it may determine that those notices are linked.

(2) A Northern Ireland department may request that the OEP determine that information notices or decision notices are linked and the OEP must have regard to that request.

(3) The OEP must provide the recipient of an information notice or a decision notice (a “principal notice”) with a copy of every information notice or decision notice which is linked to it (and such a notice is referred to in this section as a “linked notice”).

(4) The OEP must provide the recipient of a principal notice with a copy of any relevant correspondence, relating to a linked notice, between the OEP and the recipient of that linked notice.

(5) The OEP must provide the recipient of a principal notice with a copy of any relevant correspondence between the OEP and the relevant department that relates to a linked notice.

(6) Sub-paragraph (5) does not apply where either the recipient of the principal notice or the linked notice is a Northern Ireland department.

(7) If the OEP considers that an information notice or a decision notice relates to conduct that is the same as or similar to conduct that is the subject of a UK information notice or UK decision notice, it may determine that those notices are linked.

(8) The OEP must provide the recipient of an information notice or a decision notice with—

(a) a copy of every UK information notice or UK decision notice which is linked to it, and

(b) a copy of any relevant correspondence, relating to such a notice, between the OEP and the recipient of that notice.

(9) The obligation to provide a copy of any notice or correspondence under this paragraph does not apply where the OEP considers that in the circumstances it would not be in the public interest to do so.

(10) For the purposes of this paragraph, correspondence is relevant if—

(a) it is not correspondence in connection with a review application or any other legal proceedings, and

(b) it is not correspondence sent by virtue of paragraph 14(1)(a) or (b).

(11) In this Part of this Schedule—

“UK decision notice” means a notice given under section 36;

“UK information notice” means a notice given under section 35.

Review application

12

(1) The OEP may make a review application in relation to conduct described in a decision notice given to a relevant public authority as a failure of the authority to comply with relevant environmental law, but only if—

(a) it is satisfied, on the balance of probabilities, that the authority has failed to comply with relevant environmental law, and

(b) it considers that the failure is serious.

(2) A review application is an application for judicial review in respect of conduct of a relevant public authority, and any reference in this Part of this Schedule to a review application is to an application made by virtue of sub-paragraph (1).

(3) A review application may not be made before the earlier of—

(a) the end of the period within which the authority must respond to the decision notice that precedes the application (see paragraph 10(3)), and

(b) the date on which the OEP receives the authority’s response to that notice.

(4) Subject to that, the OEP may make a review application at any time (and accordingly any time limit, that would otherwise apply to the making of a review application, does not apply).

(5) The High Court may grant a remedy on a review application only if Condition A or Condition B is met.

(6) Condition A is that the court is satisfied that granting the remedy would not—

(a) be likely to cause substantial hardship to, or substantially prejudice the rights of, any person other than the authority, or

(b) be detrimental to good administration.

(7) Condition B is that Condition A is not met but the court is satisfied that—

(a) granting the remedy is necessary in order to prevent or mitigate serious damage to the natural environment or to human health, and

(b) there is an exceptional public interest reason to grant it.

(8) If, on a review application, there is a finding that a relevant public authority has failed to comply with relevant environmental law, and the finding has not been overturned on appeal, the authority must publish a statement that sets out the steps it intends to take in light of the finding.

(9) A statement under sub-paragraph (8) must be published before the end of the 2 month period beginning with the day the proceedings relating to the review application (including any appeal) conclude.

(10) In this Part of this Schedule reference to an application for judicial review includes an application for the permission of the High Court to apply for judicial review.

Judicial review: powers to apply to prevent serious damage and to intervene

13

(1) The OEP may make an application for judicial review in relation to conduct of a relevant public authority (whether or not it has given an information notice or a decision notice to the authority in respect of that conduct) if—

(a) the OEP considers that the conduct constitutes a serious failure to comply with relevant environmental law, and

(b) the urgency condition is met.

(2) The urgency condition is that making an application under sub-paragraph (1) (rather than proceeding under paragraphs 9 to 12) is necessary to prevent, or mitigate, serious damage to the natural environment or to human health.

(3) If, on an application for judicial review made by virtue of sub-paragraph (1), there is a finding that a relevant public authority has failed to comply with relevant environmental law, and the finding has not been overturned on appeal, the authority must publish a statement that sets out the steps it intends to take in light of the finding.

(4) A statement under sub-paragraph (3) must be published before the end of the 2 month period beginning with the day the proceedings relating to the application for judicial review (including any appeal) conclude.

(5) Sub-paragraph (6) applies to proceedings (including any appeal) that—

(a) are in respect of an application for judicial review, and

(b) relate to an alleged failure by a relevant public authority to comply with relevant environmental law (however the allegation is framed in those proceedings).

(6) If the OEP considers that the alleged failure, if it occurred, would be serious, it may apply to intervene in the proceedings (whether it considers that the relevant public authority has, or has not, failed to comply with relevant environmental law).

Duty of the OEP to involve the relevant department

14

(1) Where the recipient of an information notice or a decision notice is not a Northern Ireland department, the OEP must—

(a) provide the relevant department with—

(i) a copy of the notice, and

(ii) a copy of any correspondence between the OEP and the recipient of the notice that relates to the notice (apart from correspondence sent by virtue of paragraph (b)), and

(b) provide the recipient of the notice with a copy of any correspondence between the OEP and the relevant department that relates to the notice (apart from correspondence sent by virtue of paragraph (a)).

(2) The obligation to provide a copy of any notice or correspondence under sub-paragraph (1) does not apply where the OEP considers that in the circumstances it would not be in the public interest to do so.

(3) Where the OEP makes a review application, or an application for judicial review by virtue of paragraph 13(1), in which the relevant department is not a party, it must provide the relevant department with—

(a) a copy of the application, and

(b) a statement of whether the OEP considers the relevant department should participate in the review (for example, by applying to be a party).

Public statements

15

(1) Where the OEP gives an information notice or a decision notice, makes a review application or an application for judicial review by virtue of paragraph 13(1) or applies to intervene in a judicial review, it must publish a statement that—

(a) states that the OEP has taken that step,

(b) describes the failure (or alleged failure) of a relevant public authority to comply with relevant environmental law in relation to which that step was taken, and

(2) Sub-paragraph (1) does not apply if the OEP considers that in the circumstances it would not be in the public interest to publish a statement.

Disclosures to the OEP

16

(1) No obligation of secrecy imposed by statute or otherwise prevents a person from—

(a) in accordance with section 27(1), providing the OEP with information in connection with an investigation under paragraph 7, an information notice or a decision notice, or

(b) providing information to the OEP in accordance with paragraph 9(3)(b).

(2) But nothing in this Part of this Schedule—

(a) requires a person to provide the OEP with information that the person would be entitled to refuse to provide in civil proceedings on grounds of legal professional privilege (or, in Scotland, confidentiality of communications), or

(b) requires a person to provide the OEP with information that the person would be entitled, or required by any rule of law, to refuse to provide in civil proceedings on grounds of public interest immunity.

(3) No obligation of secrecy imposed by statute or otherwise prevents the Northern Ireland Public Services Ombudsman from providing information to the OEP—

(a) for purposes connected with the exercise of the OEP’s functions under paragraph 7;

(b) for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph 7 and the Ombudsman’s functions that relate to investigations by the Ombudsman.

(4) Nothing in this Part of this Schedule requires or authorises a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duties imposed and powers conferred by this Part of this Schedule).

(5) In this paragraph “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

Confidentiality of proceedings

17

(1) The OEP must not disclose—

(a) information obtained under paragraph 9(3)(b), or

(b) correspondence between the OEP and a relevant public authority that—

(i) relates to a particular information notice or decision notice, or

(ii) is, or contains, such a notice.

(2) Sub-paragraph (1) does not apply to a disclosure—

(a) other than a disclosure of an information notice or a decision notice, made with the consent of the person who provided the information or correspondence;

(b) made for purposes connected with an investigation under paragraph 7 or section 33;

(c) made for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph 7 and the Northern Ireland Public Services Ombudsman’s functions that relate to investigations by the Ombudsman;

(d) made for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under section 33 and functions of a relevant ombudsman that relate to investigations by that ombudsman;

(e) made for the purposes of any publication of a report (or part of it) on an investigation under paragraph 7 or section 33;

(f) made for purposes connected with the exercise of the OEP’s functions under paragraphs 9 to 15 or sections 35 to 41 (enforcement);

(g) made to a devolved environmental governance body for purposes connected with the exercise of a devolved environmental governance function;

(h) made for purposes connected with the protection of the natural environment in a country or territory outside the United Kingdom, to an authority of that country or territory, or an international organisation, that has functions in connection with the protection of the natural environment in that country or territory;

(i) of information, or correspondence, that relates only to a matter in relation to which the OEP has concluded that it intends to take no further steps under this Part of this Schedule or under Chapter 2 of Part 1 of this Act.

(3) A relevant public authority must not disclose correspondence between the OEP and that, or any other, relevant public authority that—

(a) relates to a particular information notice, decision notice, UK information notice or UK decision notice, or

(b) is, or contains, such a notice.

(4) Sub-paragraph (3) does not apply to a disclosure—

(a) made—

(i) in the case of a disclosure of correspondence between another relevant public authority and the OEP other than correspondence that is, or contains, an information notice, a decision notice, a UK information notice or a UK decision notice, with the consent of that authority and the OEP, or

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