LegalizeReform history
Environment Act 2021
28 versions
· 2021-11-09
2025-07-31
Environment Act 2021
2025-05-01
Environment Act 2021
2025-04-16
Environment Act 2021
2025-03-01
Environment Act 2021
2025-01-01
Environment Act 2021
2024-09-01
Environment Act 2021
2024-05-17
Environment Act 2021
2024-02-12
Environment Act 2021
2023-11-30
Environment Act 2021
2023-11-03
Environment Act 2021
2023-11-01
Environment Act 2021
2023-06-29
Environment Act 2021
2023-04-01
Environment Act 2021
2023-01-01
Environment Act 2021
2022-11-09
Environment Act 2021
2022-09-30
Environment Act 2021
2022-09-29
Environment Act 2021
2022-07-25
Environment Act 2021
2022-05-10
Environment Act 2021
2022-05-01
Environment Act 2021
2022-04-28
Environment Act 2021
2022-04-01
Environment Act 2021
2022-03-07
Environment Act 2021
2022-02-28
Environment Act 2021
2022-01-24
Environment Act 2021
2022-01-09
Environment Act 2021
2021-11-17
Environment Act 2021
Changes on 2021-11-17
@@ -16,7 +16,7 @@
- (b) people’s enjoyment of the natural environment.
- (2) The Secretary of State must exercise the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/1/enacted) so as to set a long-term target in respect of at least one matter within each priority area.
- (2) The Secretary of State must exercise the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/1/2021-11-17) so as to set a long-term target in respect of at least one matter within each priority area.
- (3) The priority areas are—
@@ -40,7 +40,7 @@
- (7) A target under this section is initially set when the regulations setting it come into force.
- (8) In this Part the “specified standard” and “*specified date*”, in relation to a target under this section, mean the standard and date (respectively) specified under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/4/enacted).
- (8) In this Part the “specified standard” and “*specified date*”, in relation to a target under this section, mean the standard and date (respectively) specified under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/4/2021-11-17).
- (9) The Secretary of State may not by regulations under this section make any provision which, if contained in an Act of Senedd Cymru, would be within the legislative competence of the Senedd.
@@ -56,11 +56,11 @@
- (4) Regulations setting the PM2.5 air quality target may make provision defining “ambient air”.
- (5) The duty in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/2/1/enacted) is in addition to (and does not discharge) the duty in section 1[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/2/enacted) to set a long-term target in relation to air quality.
- (6) Section 1[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/4/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/9/enacted) applies to the PM2.5 air quality target and to regulations under this section as it applies to targets set under section 1 and to regulations under that section.
- (7) In this Part “the PM2.5 air quality target” means the target set under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/2/1/enacted).
- (5) The duty in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/2/1/2021-11-17) is in addition to (and does not discharge) the duty in section 1[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/2/2021-11-17) to set a long-term target in relation to air quality.
- (6) Section 1[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/4/2021-11-17) to [(9)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/9/2021-11-17) applies to the PM2.5 air quality target and to regulations under this section as it applies to targets set under section 1 and to regulations under that section.
- (7) In this Part “the PM2.5 air quality target” means the target set under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/2/1/2021-11-17).
#### Environmental targets: species abundance
@@ -72,11 +72,11 @@
- (3) Accordingly, the species abundance target is not a long-term target and the duty in subsection (1) is in addition to (and does not discharge) the duty in section 1(2) to set a long-term target in relation to biodiversity.
- (4) Before making regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/3/1/enacted) which set or amend a target the Secretary of State must be satisfied that meeting the target, or the amended target, would halt a decline in the abundance of species.
- (4) Before making regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/3/1/2021-11-17) which set or amend a target the Secretary of State must be satisfied that meeting the target, or the amended target, would halt a decline in the abundance of species.
- (5) Section 1(4) to (9) applies to the species abundance target and to regulations under this section as it applies to targets set under section 1 and to regulations under that section.
- (6) In this Part “*the species abundance target*” means the target set under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/3/1/enacted).
- (6) In this Part “*the species abundance target*” means the target set under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/3/1/2021-11-17).
#### Environmental targets: process
@@ -92,7 +92,7 @@
- (b) because of changes in circumstances since the existing target was set or last amended the environmental, social, economic or other costs of meeting it would be disproportionate to the benefits.
- (4) Before making regulations under sections 1 to 3 which revoke or lower a target the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/4/3/enacted).
- (4) Before making regulations under sections 1 to 3 which revoke or lower a target the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/4/3/2021-11-17).
- (5) Regulations lower a target if, to any extent, they—
@@ -108,7 +108,7 @@
- (9) A draft of a statutory instrument (or drafts of statutory instruments) containing regulations setting—
- (a) each of the targets required by section 1[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/2/enacted),
- (a) each of the targets required by section 1[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/2/2021-11-17),
- (b) the PM2.5 air quality target, and
@@ -154,7 +154,7 @@
- (6) Where the Secretary of State makes a statement that the Secretary of State is not yet able to determine whether the target has been met the Secretary of State must, before the end of the 6 month period beginning with the date on which the statement is laid, lay before Parliament, and publish, a further statement containing the required information.
- (7) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/6/3/enacted) to [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/6/6/enacted) apply to further statements under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/6/6/enacted) as they apply to a statement under subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/6/2/enacted).
- (7) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/6/3/2021-11-17) to [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/6/6/2021-11-17) apply to further statements under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/6/6/2021-11-17) as they apply to a statement under subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/6/2/2021-11-17).
#### Environmental targets: review
@@ -168,7 +168,7 @@
- (a) the targets set under sections 1 to 3, and
- (b) any other environmental targets which meet the conditions in subsection [(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/7/8/enacted) and which the Secretary of State considers it appropriate to take into account,
- (b) any other environmental targets which meet the conditions in subsection [(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/7/8/2021-11-17) and which the Secretary of State considers it appropriate to take into account,
would significantly improve the natural environment in England.
@@ -184,7 +184,7 @@
- (7) A review is completed when the Secretary of State has laid and published the report.
- (8) The conditions mentioned in subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/7/3/b/enacted) are that—
- (8) The conditions mentioned in subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/7/3/b/2021-11-17) are that—
- (a) the target relates to an aspect of the natural environment in England or an area which includes England,
@@ -240,7 +240,7 @@
- (b) consider, having regard to any data obtained under section 16, whether the natural environment has, or particular aspects of it have, improved during that period.
- (3) In considering the matters in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/9/2/b/enacted) an annual report must consider the progress that has been made towards achieving—
- (3) In considering the matters in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/9/2/b/2021-11-17) an annual report must consider the progress that has been made towards achieving—
- (a) any targets, or any relevant targets, set under sections 1 to 3, and
@@ -270,7 +270,7 @@
- (3) The first review of the first environmental improvement plan must be completed by 31 January 2023.
- (4) The first review of a subsequent environmental improvement plan must be completed before the end of the 5 year period beginning with the day on which it replaces the previous plan (see section 13[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/13/4/enacted)).
- (4) The first review of a subsequent environmental improvement plan must be completed before the end of the 5 year period beginning with the day on which it replaces the previous plan (see section 13[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/13/4/2021-11-17)).
- (5) 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.
@@ -282,9 +282,9 @@
- (7) If as a result of a review the Secretary of State does not revise the environmental improvement plan, the Secretary of State must lay before Parliament a statement explaining that and the reasons for it.
- (8) The Secretary of State must publish the documents laid under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/6/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/7/enacted).
- (9) A review is completed when the Secretary of State has laid and published the documents mentioned in subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/6/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/7/enacted).
- (8) The Secretary of State must publish the documents laid under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/6/2021-11-17) or [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/7/2021-11-17).
- (9) A review is completed when the Secretary of State has laid and published the documents mentioned in subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/6/2021-11-17) or [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/7/2021-11-17).
- (10) References in this Act to an environmental improvement plan include a revised environmental improvement plan.
@@ -306,9 +306,9 @@
- (3) A “*relevant matter*” means any matter in respect of which there is a target under sections 1 to 3.
- (4) Subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/11/2/b/enacted) does not apply in respect of a matter if the specified date for the target under sections 1 to 3 in respect of that matter is before the end of the 5 year period beginning with the relevant date.
- (5) On a review of an environmental improvement plan, the Secretary of State may revise or replace any interim targets set by the plan in respect of a relevant matter (subject to subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/11/2/b/enacted), where it applies in respect of the matter).
- (4) Subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/11/2/b/2021-11-17) does not apply in respect of a matter if the specified date for the target under sections 1 to 3 in respect of that matter is before the end of the 5 year period beginning with the relevant date.
- (5) On a review of an environmental improvement plan, the Secretary of State may revise or replace any interim targets set by the plan in respect of a relevant matter (subject to subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/11/2/b/2021-11-17), where it applies in respect of the matter).
- (6) An interim target in respect of a matter must specify—
@@ -338,13 +338,13 @@
- (c) whether Her Majesty’s Government should take further or different steps to improve the natural environment (compared to those set out in the plan) in the remainder of the period to which the plan relates.
- (2) In considering the matters in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/12/1/b/enacted) the Secretary of State must consider the progress that has been made towards meeting—
- (2) In considering the matters in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/12/1/b/2021-11-17) the Secretary of State must consider the progress that has been made towards meeting—
- (a) any targets, or any relevant targets, set under sections 1 to 3, and
- (b) any interim targets, or any relevant interim targets, set under sections 11 and 14.
- (3) In considering the matters in subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/12/1/c/enacted) the Secretary of State must consider whether Her Majesty’s Government should take further or different steps towards meeting those targets (compared to those set out in the plan).
- (3) In considering the matters in subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/12/1/c/2021-11-17) the Secretary of State must consider whether Her Majesty’s Government should take further or different steps towards meeting those targets (compared to those set out in the plan).
#### Renewing environmental improvement plans
@@ -374,7 +374,7 @@
- (2) A “*relevant matter*” means any matter in respect of which there is a target under sections 1 to 3.
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/14/1/enacted) does not apply in respect of a matter if the specified date for the target under sections 1 to 3 in respect of that matter is before the end of the 5 year period beginning with the relevant date.
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/14/1/2021-11-17) does not apply in respect of a matter if the specified date for the target under sections 1 to 3 in respect of that matter is before the end of the 5 year period beginning with the relevant date.
- (4) An interim target in respect of a matter must specify—
@@ -406,13 +406,13 @@
- (c) whether Her Majesty’s Government should take further or different steps (compared to those set out in the old plan) to improve the natural environment in the period to which the new environmental improvement plan relates.
- (2) In considering the matters in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/15/1/b/enacted) the Secretary of State must consider the progress that has been made towards meeting—
- (2) In considering the matters in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/15/1/b/2021-11-17) the Secretary of State must consider the progress that has been made towards meeting—
- (a) any targets set under sections 1 to 3, and
- (b) any interim targets set under sections 11 and 14.
- (3) In considering the matters in subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/15/1/c/enacted) the Secretary of State must consider whether Her Majesty’s Government should take further or different steps (compared to those set out in the old plan) towards meeting any targets set under sections 1 to 3.
- (3) In considering the matters in subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/15/1/c/2021-11-17) the Secretary of State must consider whether Her Majesty’s Government should take further or different steps (compared to those set out in the old plan) towards meeting any targets set under sections 1 to 3.
- (4) In this section references to the “*new plan*” and the “old plan” are to be read in accordance with section 13.
@@ -430,13 +430,13 @@
- (c) the progress being made towards meeting any interim targets set under sections 11 and 14.
- (2) The Secretary of State must lay before Parliament, and publish, a statement setting out the kinds of data to be obtained under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/16/1/enacted).
- (2) The Secretary of State must lay before Parliament, and publish, a statement setting out the kinds of data to be obtained under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/16/1/2021-11-17).
- (3) The first statement must be laid before the end of the 4 month period beginning with the day on which this section comes into force.
- (4) The Secretary of State may revise the statement at any time (and subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/16/2/enacted) applies to any revised statement).
- (5) The Secretary of State must publish any data obtained under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/16/1/enacted).
- (4) The Secretary of State may revise the statement at any time (and subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/16/2/2021-11-17) applies to any revised statement).
- (5) The Secretary of State must publish any data obtained under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/16/1/2021-11-17).
### Policy statement on environmental principles
@@ -488,7 +488,7 @@
- (5) The Secretary of State must prepare and lay before Parliament the final statement, but not before—
- (a) if subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/4/enacted) applies, the day on which the Secretary of State lays the response required by that subsection, or
- (a) if subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/4/2021-11-17) applies, the day on which the Secretary of State lays the response required by that subsection, or
- (b) otherwise, the end of the 21 day period.
@@ -496,13 +496,13 @@
- (7) The Secretary of State 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 subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/3/enacted).
- (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 subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/3/2021-11-17).
- (9) “*Sitting day*” means a day on which both Houses of Parliament sit.
- (10) The requirements in subsections [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/1/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/2/enacted) may be met by the preparation of a draft statement, and consultation, before this section comes into force.
- (11) The Secretary of State may prepare a revised policy statement on environmental principles at any time (and subsections [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/1/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/9/enacted) apply in relation to any revised statement).
- (10) The requirements in subsections [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/1/2021-11-17) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/2/2021-11-17) may be met by the preparation of a draft statement, and consultation, before this section comes into force.
- (11) The Secretary of State may prepare a revised policy statement on environmental principles at any time (and subsections [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/1/2021-11-17) to [(9)](https://www.legislation.gov.uk/ukpga/2021/30/section/18/9/2021-11-17) apply in relation to any revised statement).
#### Policy statement on environmental principles: effect
@@ -510,13 +510,13 @@
- (1) A Minister of the Crown must, when making policy, have due regard to the policy statement on environmental principles currently in effect.
- (2) Nothing in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/19/1/enacted) requires a Minister to do anything (or refrain from doing anything) if doing it (or refraining from doing it)—
- (2) Nothing in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/19/1/2021-11-17) requires a Minister 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.
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/19/1/enacted) does not apply to policy so far as relating to—
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/19/1/2021-11-17) does not apply to policy so far as relating to—
- (a) the armed forces, defence or national security,
@@ -524,7 +524,7 @@
- (c) Wales.
- (4) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/19/1/enacted) applies to policy relating to Scotland only so far as relating to reserved matters.
- (4) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/19/1/2021-11-17) applies to policy relating to Scotland only so far as relating to reserved matters.
- (5) Section 14(2) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act [2021 (asp 4)](https://www.legislation.gov.uk/asp/2021/4) (UK Ministers must have regard to guiding principles on the environment in making policies extending to Scotland) does not apply to policies so far as relating to reserved matters.
@@ -542,13 +542,13 @@
- (a) a statement to the effect that in the Minister’s view the Bill contains provision which, if enacted, would be environmental law, and
- (b) a statement under subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/20/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/20/4/enacted).
- (b) a statement under subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/20/3/2021-11-17) or [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/20/4/2021-11-17).
- (3) A statement under this subsection is a statement to the effect that in the Minister’s view the Bill will not have the effect of reducing the level of environmental protection provided for by any existing environmental law.
- (4) A statement under this subsection is a statement to the effect that—
- (a) the Minister is unable to make a statement under subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/20/3/enacted), but
- (a) the Minister is unable to make a statement under subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/20/3/2021-11-17), but
- (b) Her Majesty’s Government nevertheless wishes the House to proceed with the Bill.
@@ -638,9 +638,9 @@
- (6) The strategy must contain an enforcement policy that sets out—
- (a) how the OEP intends to determine whether failures to comply with environmental law are serious for the purposes of sections 33[(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/1/b/enacted) and [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/2/b/enacted), 35[(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/1/b/enacted), 36[(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/1/b/enacted), 38(1)(b) and 39(1)(a) and (7),
- (b) how the OEP intends to determine whether damage to the natural environment or to human health is serious for the purposes of section 39[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/2/enacted),
- (a) how the OEP intends to determine whether failures to comply with environmental law are serious for the purposes of sections 33[(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/1/b/2021-11-17) and [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/2/b/2021-11-17), 35[(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/1/b/2021-11-17), 36[(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/1/b/2021-11-17), 38(1)(b) and 39(1)(a) and (7),
- (b) how the OEP intends to determine whether damage to the natural environment or to human health is serious for the purposes of section 39[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/2/2021-11-17),
- (c) how the OEP intends to exercise its enforcement functions in a way that respects the integrity of other statutory regimes (including statutory provision for appeals),
@@ -674,7 +674,7 @@
- (b) publish it.
- (2) The OEP may revise the strategy at any time (and subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/24/1/enacted) applies to any revised strategy).
- (2) The OEP may revise the strategy at any time (and subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/24/1/2021-11-17) applies to any revised strategy).
- (3) The OEP must review the strategy at least once in every review period.
@@ -716,7 +716,7 @@
- (6) The Secretary of State may prepare and lay before Parliament the final guidance, but not before—
- (a) if subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/25/5/enacted) applies, the day on which the Secretary of State lays the response required by that subsection, or
- (a) if subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/25/5/2021-11-17) applies, the day on which the Secretary of State lays the response required by that subsection, or
- (b) otherwise, the end of the 21 day period.
@@ -724,11 +724,11 @@
- (8) The Secretary of State must publish the guidance when it comes into effect.
- (9) The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft guidance is laid under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/25/4/enacted).
- (9) The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft guidance is laid under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/25/4/2021-11-17).
- (10) “*Sitting day*” means a day on which both Houses of Parliament sit.
- (11) The Secretary of State may revise the guidance at any time (and subsections [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/25/4/enacted) to [(10)](https://www.legislation.gov.uk/ukpga/2021/30/section/25/10/enacted) apply in relation to any revised guidance).
- (11) The Secretary of State may revise the guidance at any time (and subsections [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/25/4/2021-11-17) to [(10)](https://www.legislation.gov.uk/ukpga/2021/30/section/25/10/2021-11-17) apply in relation to any revised guidance).
#### Memorandum of understanding
@@ -758,7 +758,7 @@
- (f) a person whose only public functions are devolved functions.
- (3) A person whose public functions include devolved functions is only required to co-operate with the OEP by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/enacted) to the extent that co-operation is in relation to functions that are not devolved functions.
- (3) A person whose public functions include devolved functions is only required to co-operate with the OEP by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/2021-11-17) to the extent that co-operation is in relation to functions that are not devolved functions.
- (4) If the OEP considers that a particular exercise of its functions may be relevant to the exercise of a devolved environmental governance function by a devolved environmental governance body, the OEP must consult that body.
@@ -778,7 +778,7 @@
- (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 or towards the matters listed in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/28/1/enacted).
- (3) A progress report for an annual reporting period is a report on progress made in that period in or towards the matters listed in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/28/1/2021-11-17).
- (4) An annual reporting period is a period for which the Secretary of State must prepare a report under section 9 (a “section 9 report”).
@@ -866,7 +866,7 @@
- (a) its advice, and
- (b) if the advice is given under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/1/enacted), a statement of the matter on which it was required to give advice and any matters specified under subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/2/enacted).
- (b) if the advice is given under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/1/2021-11-17), a statement of the matter on which it was required to give advice and any matters specified under subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/2/2021-11-17).
- (6) The Minister concerned may, if the Minister thinks fit, lay before Parliament—
@@ -924,7 +924,7 @@
- (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 subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/32/6/enacted) if it considers that there are exceptional reasons for doing so.
- (7) The OEP may waive the time limit in subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/32/6/2021-11-17) if it considers that there are exceptional reasons for doing so.
#### Investigations
@@ -966,7 +966,7 @@
- (a) notify the relevant Minister of the commencement of the investigation, and
- (b) provide the relevant Minister with the report prepared under subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/5/enacted).
- (b) provide the relevant Minister with the report prepared under subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/5/2021-11-17).
- (11) In this Part “*the relevant Minister*”, in relation to a failure (or alleged failure) of a public authority to comply with environmental law, means the Minister of the Crown that the OEP considers appropriate having regard to the nature of the public authority and the nature of the failure.
@@ -986,11 +986,11 @@
- (d) if such an investigation is commenced, notify the complainant—
- (i) where it provides a report under section 33[(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/5/enacted) to the public authority that is the subject of the investigation, that it has provided it;
- (i) where it provides a report under section 33[(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/5/2021-11-17) to the public authority that is the subject of the investigation, that it has provided it;
- (ii) where it applies for an environmental review (see section 38), for permission to apply for judicial review or for statutory review (see section 39), in relation to the alleged failure to comply with 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 section 33[(9)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/9/enacted) in relation to any investigation in relation to the complaint.
- (e) provide the complainant with a copy of any document published under section 33[(9)](https://www.legislation.gov.uk/ukpga/2021/30/section/33/9/2021-11-17) in relation to any investigation in relation to the complaint.
#### Information notices
@@ -1016,7 +1016,7 @@
- (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 subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/35/3/enacted) by—
- (4) The recipient of an information notice must comply with subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/35/3/2021-11-17) by—
- (a) the end of the 2 month period beginning with the day on which the notice was given, or
@@ -1092,7 +1092,7 @@
- (5) The OEP must provide the recipient of a principal notice with a copy of any relevant correspondence between the OEP and the relevant Minister that relates to a linked notice.
- (6) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/37/5/enacted) does not apply where either the recipient of the principal notice or the linked notice is a Minister of the Crown.
- (6) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/37/5/2021-11-17) does not apply where either the recipient of the principal notice or the linked notice is a Minister of the Crown.
- (7) The obligation to provide a copy of any notice or correspondence under this section does not apply where the OEP considers that in the circumstances it would not be in the public interest to do so.
@@ -1100,7 +1100,7 @@
- (a) it is not correspondence in connection with an environmental review or any other legal proceedings (such as judicial review), and
- (b) it is not correspondence sent by virtue of section 40[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/b/enacted).
- (b) it is not correspondence sent by virtue of section 40[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/a/2021-11-17) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/b/2021-11-17).
#### Environmental review
@@ -1118,7 +1118,7 @@
- (a) before the earlier of—
- (i) the end of the period within which the authority must respond to the decision notice in accordance with section 36[(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/36/3/enacted), and
- (i) the end of the period within which the authority must respond to the decision notice in accordance with section 36[(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/36/3/2021-11-17), and
- (ii) the date on which the OEP receives the authority’s response to that notice, or
@@ -1146,11 +1146,11 @@
- (b) there is an exceptional public interest reason to grant it.
- (11) In deciding whether to grant a remedy the court must (subject to subsection [(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/38/8/enacted)) apply the principles applicable on an application for judicial review; but this does not require the court to apply section 31(2A) of the Senior Courts Act 1981 (High Court to refuse to grant relief where the outcome for the applicant not substantially different) on an environmental review in England and Wales.
- (11) In deciding whether to grant a remedy the court must (subject to subsection [(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/38/8/2021-11-17)) apply the principles applicable on an application for judicial review; but this does not require the court to apply section 31(2A) of the Senior Courts Act 1981 (High Court to refuse to grant relief where the outcome for the applicant not substantially different) on an environmental review in England and Wales.
- (12) If, on an environmental review, the court has made a statement of non-compliance in respect of a public authority, and the statement 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 review.
- (13) A statement under subsection [(12)](https://www.legislation.gov.uk/ukpga/2021/30/section/38/12/enacted) must be published before the end of the 2 month period beginning with the day the review (including any appeal) concludes.
- (13) A statement under subsection [(12)](https://www.legislation.gov.uk/ukpga/2021/30/section/38/12/2021-11-17) must be published before the end of the 2 month period beginning with the day the review (including any appeal) concludes.
- (14) In this section—
@@ -1174,11 +1174,11 @@
- (2) The urgency condition is that making an application under subsection (1) (rather than proceeding under sections 35 to 38) is necessary to prevent, or mitigate, serious damage to the natural environment or to human health.
- (3) Section 31(2A), (3C) and (3D) of the Senior Courts Act 1981 (High Court to refuse to grant leave or relief where the outcome for the applicant not substantially different) does not apply to an application for judicial review made under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/1/enacted) in England and Wales.
- (4) If, on an application for judicial review or a statutory review made by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/1/enacted), there is a finding that a public authority has failed to comply with 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.
- (5) A statement under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/4/enacted) must be published before the end of the 2 month period beginning with the day the proceedings relating to the application for judicial review or the statutory review (including any appeal) conclude.
- (3) Section 31(2A), (3C) and (3D) of the Senior Courts Act 1981 (High Court to refuse to grant leave or relief where the outcome for the applicant not substantially different) does not apply to an application for judicial review made under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/1/2021-11-17) in England and Wales.
- (4) If, on an application for judicial review or a statutory review made by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/1/2021-11-17), there is a finding that a public authority has failed to comply with 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.
- (5) A statement under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/4/2021-11-17) must be published before the end of the 2 month period beginning with the day the proceedings relating to the application for judicial review or the statutory review (including any appeal) conclude.
- (6) Subsection (7) applies to proceedings (including any appeal) that—
@@ -1212,11 +1212,11 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/b/enacted)), and
- (b) provide the recipient of the notice with a copy of any correspondence between the OEP and the relevant Minister that relates to the notice (apart from correspondence sent by virtue of paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/a/enacted)).
- (2) The obligation to provide a copy of any notice or correspondence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/enacted) does not apply where the OEP considers that in the circumstances it would not be in the public interest to do so.
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/b/2021-11-17)), and
- (b) provide the recipient of the notice with a copy of any correspondence between the OEP and the relevant Minister that relates to the notice (apart from correspondence sent by virtue of paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/a/2021-11-17)).
- (2) The obligation to provide a copy of any notice or correspondence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/40/1/2021-11-17) 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 an application for an environmental review, judicial review or statutory review in which the relevant Minister is not a party, it must provide the relevant Minister with—
@@ -1236,7 +1236,7 @@
- (c) sets out such further information as the OEP considers appropriate.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/41/1/enacted) does not apply if the OEP considers that in the circumstances it would not be in the public interest to publish a statement.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/41/1/2021-11-17) does not apply if the OEP considers that in the circumstances it would not be in the public interest to publish a statement.
### Information
@@ -1246,9 +1246,9 @@
- (1) No obligation of secrecy imposed by statute or otherwise prevents a person from—
- (a) in accordance with section 27[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/enacted), providing the OEP with information in connection with an investigation under section 33, an information notice or a decision notice, or
- (b) providing information to the OEP in accordance with section 35[(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/35/3/b/enacted).
- (a) in accordance with section 27[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/2021-11-17), providing the OEP with information in connection with an investigation under section 33, an information notice or a decision notice, or
- (b) providing information to the OEP in accordance with section 35[(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/35/3/b/2021-11-17).
- (2) But nothing in this Part—
@@ -1272,7 +1272,7 @@
- (1) The OEP must not disclose—
- (a) information obtained under section 27[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/enacted) or 35[(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/35/3/b/enacted), or
- (a) information obtained under section 27[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/2021-11-17) or 35[(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/35/3/b/2021-11-17), or
- (b) correspondence between the OEP and a public authority that—
@@ -1280,7 +1280,7 @@
- (ii) is, or contains, such a notice.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/1/enacted) does not apply to a disclosure—
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/1/2021-11-17) 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;
@@ -1304,7 +1304,7 @@
- (b) is, or contains, such a notice.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/3/enacted) does not apply to a disclosure—
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/3/2021-11-17) does not apply to a disclosure—
- (a) made—
@@ -1322,7 +1322,7 @@
- (6) If a public authority requests the consent of the OEP to disclose 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 Chapter, the OEP may not withhold that consent.
- (7) If information referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/1/enacted) and held by the OEP, or referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/3/enacted) and held by a public authority, is environmental information for the purposes of the Environmental Information Regulations 2004 ([S.I. 2004/3391](https://www.legislation.gov.uk/uksi/2004/3391)) or the Environmental Information (Scotland) Regulations 2004 ([S.S.I. 2004/520](https://www.legislation.gov.uk/ssi/2004/520)), it is held by that person, for the purposes of the application of those regulations to that information, in connection with confidential proceedings.
- (7) If information referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/1/2021-11-17) and held by the OEP, or referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/3/2021-11-17) and held by a public authority, is environmental information for the purposes of the Environmental Information Regulations 2004 ([S.I. 2004/3391](https://www.legislation.gov.uk/uksi/2004/3391)) or the Environmental Information (Scotland) Regulations 2004 ([S.S.I. 2004/520](https://www.legislation.gov.uk/ssi/2004/520)), it is held by that person, for the purposes of the application of those regulations to that information, in connection with confidential proceedings.
### CHAPTER 3 — Interpretation of Part 1
@@ -1352,7 +1352,7 @@
- (c) maintenance, restoration or enhancement of the natural environment;
- (d) monitoring, assessing, considering, advising or reporting on anything in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/45/a/enacted) to [(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/45/c/enacted).
- (d) monitoring, assessing, considering, advising or reporting on anything in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/45/a/2021-11-17) to [(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/45/c/2021-11-17).
#### Meaning of “environmental law”
@@ -1378,7 +1378,7 @@
- (a) legislative provision contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation, and
- (b) legislative provision not within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/46/4/a/enacted) which—
- (b) legislative provision not within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/46/4/a/2021-11-17) which—
- (i) if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament;
@@ -1386,15 +1386,15 @@
- (iii) 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.
- (5) The Secretary of State may by regulations provide that a legislative provision specified in the regulations is, or is not, within the definition of “environmental law” in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/46/1/enacted) (and this Part applies accordingly).
- (6) Before making regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/46/5/enacted) the Secretary of State must consult—
- (5) The Secretary of State may by regulations provide that a legislative provision specified in the regulations is, or is not, within the definition of “environmental law” in subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/46/1/2021-11-17) (and this Part applies accordingly).
- (6) Before making regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/46/5/2021-11-17) the Secretary of State must consult—
- (a) the OEP, and
- (b) any other persons the Secretary of State considers appropriate.
- (7) Regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/46/5/enacted) are subject to the affirmative procedure.
- (7) Regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/46/5/2021-11-17) are subject to the affirmative procedure.
#### Interpretation of Part 1: general
@@ -1402,9 +1402,9 @@
In this Part—
- “*application for judicial review*” is to be read in accordance with section 39[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/8/enacted);
- “*current environmental improvement plan*” has the meaning given by section 8[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/8/8/enacted);
- “*application for judicial review*” is to be read in accordance with section 39[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/8/2021-11-17);
- “*current environmental improvement plan*” has the meaning given by section 8[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/8/8/2021-11-17);
- “*decision notice*” means a notice given under section 36;
@@ -1416,15 +1416,15 @@
- “*devolved legislature*” means the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly;
- “*environmental improvement plan*” has the meaning given by section 8 (and see also section 10[(10)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/10/enacted));
- “*environmental improvement plan*” has the meaning given by section 8 (and see also section 10[(10)](https://www.legislation.gov.uk/ukpga/2021/30/section/10/10/2021-11-17));
- “*environmental principles*” has the meaning given by section 17;
- “*environmental review*” has the meaning given by section 38;
- “*first environmental improvement plan*” has the meaning given by section 8[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/8/8/enacted);
- “*improving the natural environment*”, in relation to an environmental improvement plan, is to be read in accordance with section 8[(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/8/5/enacted);
- “*first environmental improvement plan*” has the meaning given by section 8[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/8/8/2021-11-17);
- “*improving the natural environment*”, in relation to an environmental improvement plan, is to be read in accordance with section 8[(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/8/5/2021-11-17);
- “*information notice*” means a notice given under section 35;
@@ -1432,7 +1432,7 @@
- “making” policy includes developing, adopting or revising policy;
- “*met*”, in relation to a target set under sections 1 to 3, has the meaning given by section 4[(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/4/7/enacted);
- “*met*”, in relation to a target set under sections 1 to 3, has the meaning given by section 4[(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/4/7/2021-11-17);
- “*Minister of the Crown*” has the same meaning as in the Ministers of the Crown Act 1975;
@@ -1444,15 +1444,15 @@
- “*policy statement on environmental principles*” has the meaning given by section 17;
- “*public authority*” has the meaning given by section 31[(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/31/3/enacted);
- “*public authority*” has the meaning given by section 31[(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/31/3/2021-11-17);
- “*relevant Minister*” has the meaning given by section 33;
- “*relevant ombudsman*” has the meaning given by section 23;
- “specified date” and “*specified standard*”, in relation to a target set under sections 1 to 3, have the meaning given by section 1[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/8/enacted);
- “*statutory review*” has the meaning given by section 39[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/8/enacted).
- “specified date” and “*specified standard*”, in relation to a target set under sections 1 to 3, have the meaning given by section 1[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/1/8/2021-11-17);
- “*statutory review*” has the meaning given by section 39[(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/8/2021-11-17).
## PART 2 — Environmental governance: Northern Ireland
@@ -1624,11 +1624,11 @@
- (5) Regulations made by a relevant national authority under Schedule 8 are subject to the affirmative procedure if they—
- (a) are the first regulations under paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/enacted), or the first regulations under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/5/enacted), made by the authority;
- (a) are the first regulations under paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/2021-11-17), or the first regulations under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/5/2021-11-17), made by the authority;
- (b) provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by the authority under that Schedule;
- (c) provide for conduct to be subject to a civil sanction (within the meaning given by paragraph [5(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/5/3/enacted) of that Schedule) which is not subject to a civil sanction under existing regulations made by the authority under that Schedule;
- (c) provide for conduct to be subject to a civil sanction (within the meaning given by paragraph [5(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/5/3/2021-11-17) of that Schedule) which is not subject to a civil sanction under existing regulations made by the authority under that Schedule;
- (d) increase the amount or maximum amount of a fine or monetary penalty, or change the basis on which such an amount or maximum is to be determined.
@@ -1656,7 +1656,7 @@
- (b) contain provision about charging for a new item;
- (c) provide for conduct to be subject to a civil sanction (within the meaning of paragraph [9(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/9/paragraph/9/3/enacted) of that Schedule) which is not subject to a civil sanction under existing regulations made by the authority under that Schedule;
- (c) provide for conduct to be subject to a civil sanction (within the meaning of paragraph [9(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/9/paragraph/9/3/2021-11-17) of that Schedule) which is not subject to a civil sanction under existing regulations made by the authority under that Schedule;
- (d) increase the amount or maximum amount of a monetary penalty, or change the basis on which such an amount or maximum is to be determined.
@@ -1863,7 +1863,7 @@
##### 58
- (1) The Environmental Protection Act 1990 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/58/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/58/3/enacted).
- (1) The Environmental Protection Act 1990 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/58/2/2021-11-17) and [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/58/3/2021-11-17).
- (2) After section 34C insert—
@@ -1993,7 +1993,7 @@
##### 60
- (1) The Environmental Protection Act 1990 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/60/2/enacted) to [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/60/4/enacted).
- (1) The Environmental Protection Act 1990 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/60/2/2021-11-17) to [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/60/4/2021-11-17).
- (2) After section 62 insert—
@@ -2120,7 +2120,7 @@
##### 62
- (1) Section 141 of the Environmental Protection Act 1990 (power to prohibit or restrict the importation or exportation of waste) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/62/2/enacted) to [(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/62/8/enacted).
- (1) Section 141 of the Environmental Protection Act 1990 (power to prohibit or restrict the importation or exportation of waste) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/62/2/2021-11-17) to [(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/62/8/2021-11-17).
- (2) In the heading—
@@ -2241,7 +2241,7 @@
> (160A)
> (1) Regulations and orders under this Act are subject to the negative procedure, other than—
> (a) regulations or orders subject to the affirmative procedure by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/63/2/enacted);
> (a) regulations or orders subject to the affirmative procedure by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/63/2/2021-11-17);
> (b) regulations made by a Northern Ireland department under section 156 (power to give effect to retained EU obligations and international obligations);
> (c) an order under section 164(3) (commencement);
> (d) an order under paragraph 4 of Schedule 3 (statutory nuisance).
@@ -2314,7 +2314,7 @@
> (76A)
> (1) As a means of recovering costs incurred by it in performing any functions mentioned in paragraph [(2)](#p00503), the Department may require the payment to it of such charges as may be specified in or determined under a scheme made by the Department under this Article (referred to in this Article as a “*charging scheme*”).
> (2) The functions referred to in paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/65/1/enacted) are—
> (2) The functions referred to in paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/65/1/2021-11-17) are—
> (a) functions related to—
> (i) Article 4(1); or
> (ii) regulation 18(1) of the Waste Management Licensing Regulations (Northern Ireland) 2003;
@@ -2569,19 +2569,19 @@
and the regulations may provide that a reference in the regulations to a standard is to be construed as a reference to that standard as it has effect from time to time.
- (5) In subsection [(4)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/4/a/enacted) “*enactment*” has the same meaning as in the European Union (Withdrawal) Act 2018.
- (6) In subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/4/b/enacted) “*environmental impact*”, in relation to a relevant product, includes any impact on the environment caused by noise, heat or vibrations or any other kind of release of energy or emissions resulting from the use of the product.
- (7) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/enacted) are subject to the affirmative procedure.
- (8) Sections 75 to 77 make further provision about regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/enacted).
- (5) In subsection [(4)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/4/a/2021-11-17) “*enactment*” has the same meaning as in the European Union (Withdrawal) Act 2018.
- (6) In subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/4/b/2021-11-17) “*environmental impact*”, in relation to a relevant product, includes any impact on the environment caused by noise, heat or vibrations or any other kind of release of energy or emissions resulting from the use of the product.
- (7) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/2021-11-17) are subject to the affirmative procedure.
- (8) Sections 75 to 77 make further provision about regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/2021-11-17).
#### Compulsory recall notices
##### 75
- (1) Regulations under section 74[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/enacted) may make provision for, about or connected with a power of the Secretary of State to give a compulsory recall notice to a manufacturer or distributor of a relevant product.
- (1) Regulations under section 74[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/2021-11-17) may make provision for, about or connected with a power of the Secretary of State to give a compulsory recall notice to a manufacturer or distributor of a relevant product.
- (2) A “compulsory recall notice” is a notice that requires the recipient of the notice to organise the return of a relevant product to the recipient, or to any other person specified in the notice, from persons who have been supplied (whether or not directly by the recipient) with the product.
@@ -2615,7 +2615,7 @@
- (j) to otherwise dispose of the product in such manner as may be specified.
- (8) In subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/75/7/enacted) “*specified*” means specified, or described, in a compulsory recall notice or a supplementary notice.
- (8) In subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/75/7/2021-11-17) “*specified*” means specified, or described, in a compulsory recall notice or a supplementary notice.
- (9) The regulations may—
@@ -2627,7 +2627,7 @@
##### 76
- (1) Regulations under section 74[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/enacted) may impose a duty on a manufacturer or distributor of a relevant product to notify the Secretary of State if the person has reason to consider that the product does not meet a relevant environmental standard.
- (1) Regulations under section 74[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/2021-11-17) may impose a duty on a manufacturer or distributor of a relevant product to notify the Secretary of State if the person has reason to consider that the product does not meet a relevant environmental standard.
- (2) The regulations may confer a power on the Secretary of State—
@@ -2663,7 +2663,7 @@
where the authority has reasonable grounds for suspecting that the manufacturer or distributor has failed to comply with a requirement imposed by or under the regulations.
- (5) The regulations may make provision about warrants in connection with any power conferred by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/76/4/enacted).
- (5) The regulations may make provision about warrants in connection with any power conferred by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/76/4/2021-11-17).
#### Interpretation of sections 74 to 76
@@ -2671,17 +2671,17 @@
In sections 74 to 76—
- “*compulsory recall notice*” has the meaning given by section 75[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/75/2/enacted);
- “*distributor*” has the meaning given by regulations under section 74[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/enacted), but may only include a person acting in the course of business;
- “*manufacturer*” has the meaning given by regulations under section 74[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/enacted) which may define that term by reference (in particular) to— a person’s involvement in the manufacture of a relevant product, or a person’s relationship with a person involved in the manufacture of a relevant product;
- “*relevant environmental standard*” has the meaning given by section 74[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/4/enacted);
- “*relevant product*” has the meaning given by section 74[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/2/enacted);
- “*supplementary notice*” has the meaning given by section 75[(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/75/6/enacted).
- “*compulsory recall notice*” has the meaning given by section 75[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/75/2/2021-11-17);
- “*distributor*” has the meaning given by regulations under section 74[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/2021-11-17), but may only include a person acting in the course of business;
- “*manufacturer*” has the meaning given by regulations under section 74[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/1/2021-11-17) which may define that term by reference (in particular) to— a person’s involvement in the manufacture of a relevant product, or a person’s relationship with a person involved in the manufacture of a relevant product;
- “*relevant environmental standard*” has the meaning given by section 74[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/4/2021-11-17);
- “*relevant product*” has the meaning given by section 74[(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/74/2/2021-11-17);
- “*supplementary notice*” has the meaning given by section 75[(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/75/6/2021-11-17).
## PART 5 — Water
@@ -3303,7 +3303,7 @@
- (g) any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018.
- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/1/enacted) may also, in connection with provision made under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/1/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/1/b/enacted), amend or modify legislation to which this section applies so as to make provision—
- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/1/2021-11-17) may also, in connection with provision made under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/1/a/2021-11-17) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/1/b/2021-11-17), amend or modify legislation to which this section applies so as to make provision—
- (a) setting objectives in relation to the substances about which the provision is made, or in relation to the chemical status of surface water or groundwater (including objectives to maintain specified standards or to achieve specified standards by specified dates);
@@ -3355,7 +3355,7 @@
- (b) any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018.
- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/90/1/enacted) may also, in connection with provision made under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/90/1/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/90/1/b/enacted), amend or modify legislation to which this section applies so as to make provision—
- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/90/1/2021-11-17) may also, in connection with provision made under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/90/1/a/2021-11-17) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/90/1/b/2021-11-17), amend or modify legislation to which this section applies so as to make provision—
- (a) setting objectives in relation to the substances about which the provision is made, or in relation to the chemical status of surface water or groundwater (including objectives to maintain specified standards or to achieve specified standards by specified dates);
@@ -3397,7 +3397,7 @@
- (d) any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018.
- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/91/1/enacted) may also, in connection with provision made under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/91/1/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/91/1/b/enacted), amend or modify legislation to which this section applies so as to make provision—
- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/91/1/2021-11-17) may also, in connection with provision made under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/91/1/a/2021-11-17) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/91/1/b/2021-11-17), amend or modify legislation to which this section applies so as to make provision—
- (a) setting objectives in relation to the substances about which the provision is made, or in relation to the chemical status of surface water or groundwater (including objectives to maintain specified standards or to achieve specified standards by specified dates);
@@ -3445,9 +3445,9 @@
- (6) The regulations may also provide—
- (a) for a function within subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/92/3/enacted) to be exercisable only with the consent of, or after consultation with, the Secretary of State or the Scottish Ministers;
- (b) for a function within subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/92/4/enacted) to be exercisable only with the consent of, or after consultation with, the Environment Agency, SEPA, the Secretary of State or the Scottish Ministers.
- (a) for a function within subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/92/3/2021-11-17) to be exercisable only with the consent of, or after consultation with, the Secretary of State or the Scottish Ministers;
- (b) for a function within subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/92/4/2021-11-17) to be exercisable only with the consent of, or after consultation with, the Environment Agency, SEPA, the Secretary of State or the Scottish Ministers.
- (7) The Secretary of State may make regulations under this section only with the consent of the Scottish Ministers.
@@ -3475,7 +3475,7 @@
##### 94
- (1) Section 37 of the Land Drainage Act 1991 (apportionment of internal drainage board’s drainage expenses) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/94/2/enacted) and (3).
- (1) Section 37 of the Land Drainage Act 1991 (apportionment of internal drainage board’s drainage expenses) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/94/2/2021-11-17) and (3).
- (2) In subsection (5), in the words before paragraph (a), after “shall” insert “, subject to subsection (5ZA)”.
@@ -3777,7 +3777,7 @@
- (g) fees payable in respect of any application under the regulations.
- (5) Provision under subsection [(4)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/4/c/enacted) may in particular include provision about—
- (5) Provision under subsection [(4)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/4/c/2021-11-17) may in particular include provision about—
- (a) who is entitled to apply to register land in the biodiversity gain site register;
@@ -3791,7 +3791,7 @@
- (f) financial penalties for the supply of false or misleading information in connection with an application.
- (6) Provision under subsection [(4)(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/4/d/enacted) may in particular require the recording of the following in relation to any land registered in the biodiversity gain site register—
- (6) Provision under subsection [(4)(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/4/d/2021-11-17) may in particular require the recording of the following in relation to any land registered in the biodiversity gain site register—
- (a) the location and area of the land;
@@ -3805,9 +3805,9 @@
- (f) the biodiversity value (for the purposes of Schedule 7A to the Town and Country Planning Act 1990 or Schedule 2A to the Planning Act 2008) of any such habitat enhancement in relation to any such development.
- (7) Regulations under this section may amend subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/2/b/enacted) so as to substitute for the period for the time being specified there a different period of at least 30 years.
- (8) Regulations under this section making provision under subsection [(4)(g)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/4/g/enacted) or [(5)(f)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/5/f/enacted) are subject to the affirmative procedure.
- (7) Regulations under this section may amend subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/2/b/2021-11-17) so as to substitute for the period for the time being specified there a different period of at least 30 years.
- (8) Regulations under this section making provision under subsection [(4)(g)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/4/g/2021-11-17) or [(5)(f)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/5/f/2021-11-17) are subject to the affirmative procedure.
- (9) Other regulations under this section are subject to the negative procedure.
@@ -3815,7 +3815,7 @@
- (a) the supply of land for registration in the biodiversity gain site register;
- (b) whether the period specified in subsection (2)(b) or in paragraph 9(3) of Schedule 7A to the Town and Country Planning Act 1990 can be increased under subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/7/enacted) or paragraph 9(4) of that Schedule without adversely affecting that supply.
- (b) whether the period specified in subsection (2)(b) or in paragraph 9(3) of Schedule 7A to the Town and Country Planning Act 1990 can be increased under subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/100/7/2021-11-17) or paragraph 9(4) of that Schedule without adversely affecting that supply.
- (11) In this section “*development*”, “*habitat enhancement*”, “*planning obligation*” and “*planning permission*” have the same meanings as in Schedule 7A to the Town and Country Planning Act 1990.
@@ -3851,7 +3851,7 @@
- (7) The references to works in subsection (6) do not include works which the Secretary of State is required to carry out apart from this section by virtue of any enactment.
- (8) The Secretary of State must publish reports relating to the discharge of the Secretary of State’s functions under subsections [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/101/1/enacted) and (6).
- (8) The Secretary of State must publish reports relating to the discharge of the Secretary of State’s functions under subsections [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/101/1/2021-11-17) and (6).
- (9) A report must relate to a period not exceeding a year which—
@@ -3873,7 +3873,7 @@
##### 102
- (1) Section 40 of the Natural Environment and Rural Communities Act 2006 (duty to conserve biodiversity) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/102/2/enacted) to [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/102/7/enacted).
- (1) Section 40 of the Natural Environment and Rural Communities Act 2006 (duty to conserve biodiversity) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/102/2/2021-11-17) to [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/102/7/2021-11-17).
- (2) In the heading, after “conserve” insert “and enhance”.
@@ -4158,7 +4158,7 @@
- (10) In this section—
- “*England*” includes the territorial sea adjacent to England, which for this purpose does not include— any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), or any part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);
- “*England*” includes the territorial sea adjacent to England, which for this purpose does not include—any part of the territorial sea adjacent to Wales for the general or residual purposes of the Government of Wales Act 2006 (see section 158 of that Act), orany part of the territorial sea adjacent to Scotland for the general or residual purposes of the Scotland Act 1998 (see section 126 of that Act);
- “*local planning authority*” means a person who is a local planning authority for the purposes of any provision of Part 3 of the Town and Country Planning Act 1990;
@@ -4176,7 +4176,7 @@
- (b) managing the impact of plans, projects or other activities (wherever undertaken) on the conservation and management of the protected site.
- (2) A strategy under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/1/enacted) is called a “protected site strategy”.
- (2) A strategy under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/1/2021-11-17) is called a “protected site strategy”.
- (3) A “*protected site*” means—
@@ -4232,7 +4232,7 @@
- (g) any other person that Natural England considers should be consulted in respect of the strategy, including the general public or any section of it.
- (6) In subsections [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/4/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/5/enacted), a reference to an adverse impact on the conservation or management of a protected site includes—
- (6) In subsections [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/4/2021-11-17) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/5/2021-11-17), a reference to an adverse impact on the conservation or management of a protected site includes—
- (a) in relation to a European site, anything which adversely affects the integrity of the site,
@@ -4242,9 +4242,9 @@
- (d) any other thing which causes deterioration of natural habitats and the habitats of species as well as disturbance of the species in the protected site, in so far as such disturbance could be significant in relation to the conservation or management of the protected site.
- (7) A person whom Natural England consults under subsection [(5)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/5/a/enacted) to [(e)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/5/e/enacted) must co-operate with Natural England in the preparation of a protected site strategy so far as relevant to the person’s functions.
- (8) The Secretary of State may give guidance as to how to discharge the duty in subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/7/enacted).
- (7) A person whom Natural England consults under subsection [(5)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/5/a/2021-11-17) to [(e)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/5/e/2021-11-17) must co-operate with Natural England in the preparation of a protected site strategy so far as relevant to the person’s functions.
- (8) The Secretary of State may give guidance as to how to discharge the duty in subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/7/2021-11-17).
- (9) The Secretary of State must lay before Parliament, and publish, the guidance.
@@ -4258,7 +4258,7 @@
- (11) Natural England may, from time to time, amend a protected site strategy.
- (12) The duty to consult a person under subsection (5) also applies when Natural England amends a protected site strategy under subsection [(11)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/11/enacted) so far as the amendment is relevant to the person’s functions.
- (12) The duty to consult a person under subsection (5) also applies when Natural England amends a protected site strategy under subsection [(11)](https://www.legislation.gov.uk/ukpga/2021/30/section/110/11/2021-11-17) so far as the amendment is relevant to the person’s functions.
- (13) In this section—
@@ -4327,7 +4327,7 @@
##### 112
- (1) The Secretary of State may by regulations amend the Conservation of Habitats and Species Regulations 2017 ([S.I. 2017/1012](https://www.legislation.gov.uk/uksi/2017/1012)) (the “*Habitats Regulations*”), as they apply in relation to England, for the purposes in subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/112/2/enacted).
- (1) The Secretary of State may by regulations amend the Conservation of Habitats and Species Regulations 2017 ([S.I. 2017/1012](https://www.legislation.gov.uk/uksi/2017/1012)) (the “*Habitats Regulations*”), as they apply in relation to England, for the purposes in subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/112/2/2021-11-17).
- (2) The purposes are—
@@ -4349,13 +4349,13 @@
- (4) The regulations may impose any other requirements, or specify any other objectives or matters, relating to the conservation or enhancement of biodiversity that the Secretary of State considers appropriate.
- (5) Regulations under this section may also, in connection with provision made for the purposes in subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/112/2/enacted), amend other provisions of the Habitats Regulations, as they apply in relation to England, which refer to requirements, objectives or provisions of the Directives.
- (5) Regulations under this section may also, in connection with provision made for the purposes in subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/112/2/2021-11-17), amend other provisions of the Habitats Regulations, as they apply in relation to England, which refer to requirements, objectives or provisions of the Directives.
- (6) In making regulations under this section the Secretary of State must have regard to the particular importance of furthering the conservation and enhancement of biodiversity.
- (7) The Secretary of State may make regulations under this section only if satisfied that the regulations do not reduce the level of environmental protection provided by the Habitats Regulations.
- (8) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/112/7/enacted).
- (8) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/112/7/2021-11-17).
- (9) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
@@ -4381,7 +4381,7 @@
- (3) The Secretary of State may make regulations under this section only if satisfied that the regulations do not reduce the level of environmental protection provided by the Habitats Regulations.
- (4) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/113/3/enacted).
- (4) Before making regulations under this section the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/113/3/2021-11-17).
- (5) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
@@ -4439,23 +4439,23 @@
- (2) Regulations under the following provisions of Schedule 17 are subject to the affirmative procedure—
- (a) paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/enacted);
- (b) paragraph [2(4)(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/4/c/enacted);
- (c) paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/enacted) (except for paragraph [5(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2/b/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/enacted));
- (d) paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/enacted);
- (e) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted).
- (a) paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/2021-11-17);
- (b) paragraph [2(4)(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/4/c/2021-11-17);
- (c) paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2021-11-17) (except for paragraph [5(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2/b/2021-11-17) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/2021-11-17));
- (d) paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/2021-11-17);
- (e) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17).
- (3) Regulations under the following provisions of Schedule 17 are subject to the negative procedure—
- (a) paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/enacted);
- (b) paragraph [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/4/enacted);
- (c) paragraph [5(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2/b/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/enacted).
- (a) paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/2021-11-17);
- (b) paragraph [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/4/2021-11-17);
- (c) paragraph [5(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2/b/2021-11-17) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/2021-11-17).
## PART 7 — Conservation covenants
@@ -4479,7 +4479,7 @@
- (c) the agreement is executed as a deed by the parties.
- (2) The reference in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/enacted) to provision of a qualifying kind is to provision—
- (2) The reference in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/2021-11-17) to provision of a qualifying kind is to provision—
- (a) requiring the landowner—
@@ -4489,7 +4489,7 @@
- (b) requiring the responsible body to do something on such land.
- (3) For the purposes of subsection [(1)(a)(ii)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/ii/enacted), provision has a conservation purpose if its purpose is—
- (3) For the purposes of subsection [(1)(a)(ii)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/ii/2021-11-17), provision has a conservation purpose if its purpose is—
- (a) to conserve the natural environment of land or the natural resources of land,
@@ -4503,7 +4503,7 @@
- “*qualifying estate*” means— an estate in fee simple absolute in possession, or a term of years absolute granted for a term of more than seven years from the date of the grant and in the case of which some part of the period for which the term of years was granted remains unexpired;
- a reference to “*the qualifying estate*”, in relation to an obligation under a conservation covenant, is to the estate in land by virtue of which the condition in subsection [(1)(a)(i)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/i/enacted) was met in relation to— if the obligation is not an ancillary obligation, the provision giving rise to the obligation, or if the obligation is an ancillary obligation, the provision giving rise to the obligation to which it was ancillary; (and for this purpose “*ancillary obligation*” means an obligation under provision falling within section 118(2)(b));
- a reference to “*the qualifying estate*”, in relation to an obligation under a conservation covenant, is to the estate in land by virtue of which the condition in subsection [(1)(a)(i)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/i/2021-11-17) was met in relation to— if the obligation is not an ancillary obligation, the provision giving rise to the obligation, or if the obligation is an ancillary obligation, the provision giving rise to the obligation to which it was ancillary; (and for this purpose “*ancillary obligation*” means an obligation under provision falling within section 118(2)(b));
- “*natural environment*”, in relation to land, includes— its plants, animals and other living organisms; their habitats; its geological features.
@@ -4515,11 +4515,11 @@
- (2) The following provisions of a conservation covenant agreement have statutory effect as a conservation covenant—
- (a) provisions in respect of which the conditions in section 117[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/enacted) are met, and
- (b) provisions ancillary to any provision falling within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/118/2/a/enacted).
- (3) If the agreement includes provision for public access to land to which other provision of the agreement (being provision which meets the conditions in section 117[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/enacted)) relates, the provision for public access is to be treated as ancillary to that other provision.
- (a) provisions in respect of which the conditions in section 117[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/2021-11-17) are met, and
- (b) provisions ancillary to any provision falling within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/118/2/a/2021-11-17).
- (3) If the agreement includes provision for public access to land to which other provision of the agreement (being provision which meets the conditions in section 117[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/2021-11-17)) relates, the provision for public access is to be treated as ancillary to that other provision.
- (4) In this Part—
@@ -4543,7 +4543,7 @@
- (4) The Secretary of State may only designate a body that is not a local authority if satisfied that it—
- (a) meets the condition in subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/119/5/enacted), and
- (a) meets the condition in subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/119/5/2021-11-17), and
- (b) is suitable to be a responsible body.
@@ -4559,13 +4559,13 @@
- (b) the Secretary of State is satisfied that the body is not suitable to remain as a responsible body, or
- (c) in the case of a body other than a local authority, the Secretary of State is satisfied that the body does not meet the condition in subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/119/5/enacted).
- (c) in the case of a body other than a local authority, the Secretary of State is satisfied that the body does not meet the condition in subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/119/5/2021-11-17).
- (7) The Secretary of State may determine the criteria to be applied in deciding whether a body is suitable to be or to remain a responsible body (which may include criteria relating to the body’s connection with the United Kingdom).
- (8) The Secretary of State must publish (and keep up to date)—
- (a) a document setting out the criteria applicable for the purposes mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/119/7/enacted), and
- (a) a document setting out the criteria applicable for the purposes mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/119/7/2021-11-17), and
- (b) a list of the bodies who are designated under this section.
@@ -4603,7 +4603,7 @@
- (1) An obligation under a conservation covenant has effect for the default period, unless the covenant provides for a shorter period.
- (2) The default period for the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/121/1/enacted) is—
- (2) The default period for the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/121/1/2021-11-17) is—
- (a) if the qualifying estate in relation to the obligation is an estate in fee simple absolute in possession, a period of indefinite duration, and
@@ -4621,7 +4621,7 @@
- (b) any person who becomes a successor of the landowner under the covenant.
- (3) In subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/2/b/enacted) “*successor*” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which the obligation relates—
- (3) In subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/2/b/2021-11-17) “*successor*” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which the obligation relates—
- (a) the qualifying estate, or
@@ -4635,7 +4635,7 @@
- (c) in the case of a successor, land in relation to which the successor ceases to be the holder of the qualifying estate or of the estate derived from the qualifying estate, as the case may be.
- (5) Subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/2/b/enacted) does not apply if—
- (5) Subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/2/b/2021-11-17) does not apply if—
- (a) the obligation is positive and the person becomes a successor by virtue of holding a term of years absolute granted for a term of seven years or less from the date of the grant,
@@ -4643,11 +4643,11 @@
- (c) the successor’s immediate predecessor was not bound by the obligation in respect of the land to which the successor’s interest relates.
- (6) In the case of a conservation covenant relating to land in an area in relation to which section 3 of the Local Land Charges Act 1975 (as substituted by paragraph 3 of Schedule 5 to the Infrastructure Act 2015) does not yet have effect, the reference in subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/5/b/enacted) to the local land charges register is to the appropriate local land charges register.
- (7) The reference in subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/5/b/enacted) to the time when the successor acquired the estate in land concerned is, if the successor acquired that interest under a disposition which took effect at law only when registered in the register of title kept under the Land Registration Act 2002, to be read as a reference to the time when the disposition was made.
- (8) In subsection [(5)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/5/c/enacted) the successor’s “immediate predecessor” is, unless subsection [(9)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/9/enacted) applies, the successor’s immediate predecessor in title.
- (6) In the case of a conservation covenant relating to land in an area in relation to which section 3 of the Local Land Charges Act 1975 (as substituted by paragraph 3 of Schedule 5 to the Infrastructure Act 2015) does not yet have effect, the reference in subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/5/b/2021-11-17) to the local land charges register is to the appropriate local land charges register.
- (7) The reference in subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/5/b/2021-11-17) to the time when the successor acquired the estate in land concerned is, if the successor acquired that interest under a disposition which took effect at law only when registered in the register of title kept under the Land Registration Act 2002, to be read as a reference to the time when the disposition was made.
- (8) In subsection [(5)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/5/c/2021-11-17) the successor’s “immediate predecessor” is, unless subsection [(9)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/9/2021-11-17) applies, the successor’s immediate predecessor in title.
- (9) If the successor is the first holder of an estate in land which is derived from another estate in land (whether the other estate is the qualifying estate or an estate derived, immediately or otherwise, from it) the successor’s immediate predecessor is the holder of that other estate when the derived estate was created.
@@ -4675,7 +4675,7 @@
- (c) in the case of a successor, land in relation to which the successor ceases to be the holder of the qualifying estate or of the estate derived from the qualifying estate, as the case may be.
- (4) Subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/b/enacted) does not apply if the obligation is ancillary to an obligation of the landowner under the covenant which does not bind the successor.
- (4) Subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/b/2021-11-17) does not apply if the obligation is ancillary to an obligation of the landowner under the covenant which does not bind the successor.
### Breach and enforcement
@@ -4705,9 +4705,9 @@
- (d) order for payment of an amount due under the obligation.
- (2) On an application for a remedy under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/125/1/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/125/1/b/enacted), a court must, in considering what remedy is appropriate, take into account any public interest in the performance of the obligation concerned.
- (3) Subject to subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/125/4/enacted), contract principles apply to damages for breach of an obligation under a conservation covenant.
- (2) On an application for a remedy under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/125/1/a/2021-11-17) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/125/1/b/2021-11-17), a court must, in considering what remedy is appropriate, take into account any public interest in the performance of the obligation concerned.
- (3) Subject to subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/125/4/2021-11-17), contract principles apply to damages for breach of an obligation under a conservation covenant.
- (4) In the case of breach of an obligation of the landowner under a conservation covenant, a court may award exemplary damages in such circumstances as it thinks fit.
@@ -4729,9 +4729,9 @@
- (ii) compliance with the obligation would have involved a breach of any statutory control applying as a result of the designation.
- (2) If the only reason for the application of subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/126/1/c/enacted) was failure to obtain authorisation, the defendant must also show that all reasonable steps to obtain authorisation had been taken.
- (3) The defence under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/126/1/c/enacted) does not apply if the designation was in force when the conservation covenant was created.
- (2) If the only reason for the application of subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/126/1/c/2021-11-17) was failure to obtain authorisation, the defendant must also show that all reasonable steps to obtain authorisation had been taken.
- (3) The defence under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/126/1/c/2021-11-17) does not apply if the designation was in force when the conservation covenant was created.
- (4) The defence of statutory authority (which applies in relation to the infringement of rights such as easements by a person acting under statutory authority) applies in relation to breach of an obligation under a conservation covenant.
@@ -4759,7 +4759,7 @@
- (ii) is derived (whether immediately or otherwise) from the qualifying estate.
- (3) Those persons may, by agreement, discharge the estate in land mentioned in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/127/2/b/enacted) from the obligation in respect of any of the land to which the obligation relates.
- (3) Those persons may, by agreement, discharge the estate in land mentioned in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/127/2/b/2021-11-17) from the obligation in respect of any of the land to which the obligation relates.
- (4) Any power under this section is exercisable by agreement executed as a deed by the parties which specifies—
@@ -4789,7 +4789,7 @@
- (1) A person bound by, or entitled to the benefit of, an obligation under a conservation covenant may, by agreement with the responsible body under the covenant, modify the obligation in its application to any of the land in respect of which the person is bound by, or entitled to the benefit of, it.
- (2) The power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/1/enacted) does not include power to make a change which, had it been included in the original agreement, would have prevented the provision of the agreement that gave rise to the obligation being provision in relation to which the conditions in section 117[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/enacted) were met.
- (2) The power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/1/2021-11-17) does not include power to make a change which, had it been included in the original agreement, would have prevented the provision of the agreement that gave rise to the obligation being provision in relation to which the conditions in section 117[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/2021-11-17) were met.
- (3) The power under this section is exercisable by agreement executed as a deed by the parties which specifies—
@@ -4805,7 +4805,7 @@
- (b) any person who, as respects any of the land to which the modification relates, becomes a successor of a person bound by the modification.
- (5) In subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/4/b/enacted) “successor of a person bound by the modification”, means a person who holds, in respect of any of the land to which the modification relates—
- (5) In subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/4/b/2021-11-17) “successor of a person bound by the modification”, means a person who holds, in respect of any of the land to which the modification relates—
- (a) the estate held by the person bound by the modification when the modification was agreed, or
@@ -4829,31 +4829,31 @@
- (1) The responsible body under a conservation covenant may appoint another responsible body to be the responsible body under the covenant, unless the covenant otherwise provides.
- (2) The power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/enacted) is exercisable by agreement executed as a deed by the appointor and appointee.
- (3) In the case of a conservation covenant registered in the local land charges register, an appointment under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/enacted) only has effect if the appointor supplies to the Chief Land Registrar the information necessary to enable the Registrar to amend the registration.
- (2) The power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/2021-11-17) is exercisable by agreement executed as a deed by the appointor and appointee.
- (3) In the case of a conservation covenant registered in the local land charges register, an appointment under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/2021-11-17) only has effect if the appointor supplies to the Chief Land Registrar the information necessary to enable the Registrar to amend the registration.
- (4) In the case of a conservation covenant relating to land in an area in relation to which section 3 of the Local Land Charges Act 1975 (as substituted by paragraph 3 of Schedule 5 to the Infrastructure Act 2015) does not yet have effect—
- (a) the references in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/3/enacted) to the local land charges register and the Chief Land Registrar are to the appropriate local land charges register and the authority responsible for that register, but
- (b) subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/3/enacted) does not apply to an appointment by that authority.
- (5) Appointment under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/enacted) has effect to transfer to the appointee—
- (a) the references in subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/3/2021-11-17) to the local land charges register and the Chief Land Registrar are to the appropriate local land charges register and the authority responsible for that register, but
- (b) subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/3/2021-11-17) does not apply to an appointment by that authority.
- (5) Appointment under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/2021-11-17) has effect to transfer to the appointee—
- (a) the benefit of every obligation of the landowner under the conservation covenant, and
- (b) the burden of every obligation of the responsible body under the covenant.
- (6) Appointment under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/enacted) does not have effect to transfer any right or liability in respect of an existing breach of obligation.
- (7) A body appointed under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/enacted) as the responsible body under a conservation covenant must notify its appointment to every person who is bound by an obligation of the landowner under the covenant.
- (6) Appointment under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/2021-11-17) does not have effect to transfer any right or liability in respect of an existing breach of obligation.
- (7) A body appointed under subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/2021-11-17) as the responsible body under a conservation covenant must notify its appointment to every person who is bound by an obligation of the landowner under the covenant.
#### Body ceasing to be a responsible body
##### 132
- (1) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/3/enacted) apply if a body which is the responsible body under a conservation covenant ceases to be a designated body.
- (1) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/2/2021-11-17) and [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/3/2021-11-17) apply if a body which is the responsible body under a conservation covenant ceases to be a designated body.
- (2) The body ceases to be the responsible body under the conservation covenant.
@@ -4863,13 +4863,13 @@
- (b) the burden of every obligation of the responsible body under the covenant.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/3/enacted) does not have effect to transfer any right or liability in respect of an existing breach of obligation.
- (5) If subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/3/enacted) has effect in relation to a conservation covenant, the Secretary of State becomes custodian of the covenant until—
- (a) an appointment under section 131[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/enacted) by the Secretary of State has effect in relation to the covenant, or
- (b) the Secretary of State makes an election under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/6/enacted) in relation to the covenant.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/3/2021-11-17) does not have effect to transfer any right or liability in respect of an existing breach of obligation.
- (5) If subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/3/2021-11-17) has effect in relation to a conservation covenant, the Secretary of State becomes custodian of the covenant until—
- (a) an appointment under section 131[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/131/1/2021-11-17) by the Secretary of State has effect in relation to the covenant, or
- (b) the Secretary of State makes an election under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/132/6/2021-11-17) in relation to the covenant.
- (6) If custodian of a conservation covenant, the Secretary of State may elect to be the responsible body under the covenant by giving written notice of election to every person who is bound by an obligation of the landowner under the covenant.
@@ -4933,17 +4933,17 @@
- (b) state, for each conservation covenant, the area of the land in relation to which the body was owed any obligation as the responsible body.
- (3) The annual return must also give any information that is prescribed under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/4/enacted).
- (3) The annual return must also give any information that is prescribed under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/4/2021-11-17).
- (4) The Secretary of State may by regulations make provision about annual returns to be made by a designated body.
- (5) The provision which may be made under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/4/enacted) includes, in particular, provision—
- (a) prescribing information to be included in an annual return (but see subsection [(10)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/10/enacted)), and
- (5) The provision which may be made under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/4/2021-11-17) includes, in particular, provision—
- (a) prescribing information to be included in an annual return (but see subsection [(10)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/10/2021-11-17)), and
- (b) provision as to the period to which an annual return is to relate and the date by which an annual return is to be made.
- (6) Subject to any provision made as mentioned in subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/5/b/enacted)—
- (6) Subject to any provision made as mentioned in subsection [(5)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/5/b/2021-11-17)—
- (a) the period to which an annual return is to relate, and
@@ -4951,11 +4951,11 @@
are such period and date as the Secretary of State may direct.
- (7) On giving a direction under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/6/enacted) the Secretary of State must take all reasonable steps to draw the direction to the attention of each responsible body affected by it.
- (8) A direction under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/6/enacted) may be varied or revoked by a further such direction.
- (9) Regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/4/enacted) and directions under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/6/enacted) may make—
- (7) On giving a direction under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/6/2021-11-17) the Secretary of State must take all reasonable steps to draw the direction to the attention of each responsible body affected by it.
- (8) A direction under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/6/2021-11-17) may be varied or revoked by a further such direction.
- (9) Regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/4/2021-11-17) and directions under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/136/6/2021-11-17) may make—
- (a) provision of general application, or
@@ -4989,14 +4989,14 @@
| Expression | Provision |
| --- | --- |
| conservation covenant | section 118[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/118/1/enacted) |
| conservation covenant agreement | section 117[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/enacted) |
| conservation purpose | section 117[(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/3/enacted) |
| conserving (something) | section 117[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/4/enacted) |
| conservation covenant | section 118[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/118/1/2021-11-17) |
| conservation covenant agreement | section 117[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/2021-11-17) |
| conservation purpose | section 117[(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/3/2021-11-17) |
| conserving (something) | section 117[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/4/2021-11-17) |
| designated body | section 119(1)(b) |
| natural environment (in relation to land) | section 117[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/4/enacted) |
| qualifying estate (generally) | section 117[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/4/enacted) |
| the qualifying estate (in relation to an obligation under a conservation covenant) | section 117[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/4/enacted) |
| natural environment (in relation to land) | section 117[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/4/2021-11-17) |
| qualifying estate (generally) | section 117[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/4/2021-11-17) |
| the qualifying estate (in relation to an obligation under a conservation covenant) | section 117[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/4/2021-11-17) |
| responsible body | section 119 |
#### Consequential amendments relating to Part 7
@@ -5051,19 +5051,19 @@
- (2) The Welsh Ministers may by regulations make provision that is consequential on—
- (a) a provision within section 147[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/4/enacted) (provisions to be commenced by Welsh Ministers), or
- (a) a provision within section 147[(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/4/2021-11-17) (provisions to be commenced by Welsh Ministers), or
- (b) regulations under this Act made by the Welsh Ministers.
- (3) The Scottish Ministers may by regulations make provision that is consequential on—
- (a) a provision within section 147[(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/5/enacted) (provisions to be commenced by Scottish Ministers), or
- (a) a provision within section 147[(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/5/2021-11-17) (provisions to be commenced by Scottish Ministers), or
- (b) regulations under this Act made by the Scottish Ministers.
- (4) The Department of Agriculture, Environment and Rural Affairs in Northern Ireland may by regulations make provision that is consequential on—
- (a) a provision within section 147[(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/enacted) (provisions to be commenced by the Department), or
- (a) a provision within section 147[(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/2021-11-17) (provisions to be commenced by the Department), or
- (b) regulations under this Act made by that Department.
@@ -5083,7 +5083,7 @@
- (e) retained direct principal EU legislation.
- (8) Regulations under this section to which subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/142/7/enacted) does not apply are subject to the negative procedure.
- (8) Regulations under this section to which subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/142/7/2021-11-17) does not apply are subject to the negative procedure.
- (9) Regulations under this section—
@@ -5111,7 +5111,7 @@
- (b) different provision for different purposes or areas.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/143/1/enacted) does not apply to regulations under section 147 or 148.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/143/1/2021-11-17) does not apply to regulations under section 147 or 148.
- (3) Regulations under this Act made by—
@@ -5149,7 +5149,7 @@
##### 144
- (1) This Act binds the Crown, subject to subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/144/2/enacted).
- (1) This Act binds the Crown, subject to subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/144/2/2021-11-17).
- (2) An amendment or repeal made by this Act binds the Crown to the same extent as the provision amended or repealed.
@@ -5181,7 +5181,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/16/enacted) and [17(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/17/7/enacted) extend to England and Wales, Scotland and Northern Ireland;
- (a) in Part 1 of Schedule 3, paragraphs [16](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/16/2021-11-17) and [17(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/17/7/2021-11-17) 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.
@@ -5283,7 +5283,7 @@
- (k) section 88 (water abstraction in England);
- (l) section 89 (water quality), except so far as relating to legislation within section 89[(2)(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/2/d/enacted) to [(f)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/2/f/enacted) and any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018;
- (l) section 89 (water quality), except so far as relating to legislation within section 89[(2)(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/2/d/2021-11-17) to [(f)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/2/f/2021-11-17) 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);
@@ -5305,7 +5305,7 @@
- (g) section 68 (littering enforcement), so far as relating to England;
- (h) in section 69 (fixed penalty notices), subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/2/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/4/enacted) and subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/1/enacted) so far as relating to those subsections;
- (h) in section 69 (fixed penalty notices), subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/2/2021-11-17) and [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/4/2021-11-17) and subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/1/2021-11-17) so far as relating to those subsections;
- (i) section 72 and Schedule 11 (local air quality management framework);
@@ -5341,7 +5341,7 @@
- (d) section 68 (littering enforcement), so far as relating to Wales;
- (e) in section 69 (fixed penalty notices), subsections [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/3/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/5/enacted) and subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/1/enacted) so far as relating to those subsections;
- (e) in section 69 (fixed penalty notices), subsections [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/3/2021-11-17) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/5/2021-11-17) and subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/69/1/2021-11-17) so far as relating to those subsections;
- (f) Part 2 of Schedule 12 (smoke control areas) and section 73 so far as relating to that Part;
@@ -5387,21 +5387,21 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/2/d/enacted) to [(f)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/2/f/enacted) and any regulations modifying that legislation made under or by virtue of the European Union (Withdrawal) Act 2018;
- (n) section 89 (water quality: powers of Secretary of State), so far as relating to legislation within section 89[(2)(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/2/d/2021-11-17) to [(f)](https://www.legislation.gov.uk/ukpga/2021/30/section/89/2/f/2021-11-17) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/2/enacted) of that Schedule.
- (7) An order under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/enacted) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/16/enacted) and [17(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/17/7/enacted);
- (b) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/2/enacted).
- (8) The power to make an order under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/enacted) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1573 (N.I. 12)](https://www.legislation.gov.uk/nisi/1979/1573)).
- (9) An order under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/enacted) may not be made unless a draft of the order has been laid before and approved by a resolution of the Northern Ireland Assembly.
- (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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/2/2021-11-17) of that Schedule.
- (7) An order under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/2021-11-17) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/16/2021-11-17) and [17(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/17/7/2021-11-17);
- (b) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/2/2021-11-17).
- (8) The power to make an order under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/2021-11-17) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1573 (N.I. 12)](https://www.legislation.gov.uk/nisi/1979/1573)).
- (9) An order under subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/2021-11-17) 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.
@@ -5411,11 +5411,11 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/4/enacted) (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/5/enacted) (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/enacted) (provisions to be commenced by Department).
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/4/2021-11-17) (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/5/2021-11-17) (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)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6/2021-11-17) (provisions to be commenced by Department).
- (5) Regulations under this section—
@@ -5445,7 +5445,7 @@
## SCHEDULE 1
#### Membership
#### Environmental monitoring
##### 1
@@ -5459,7 +5459,7 @@
- (d) at least one, but not more than three, other executive members.
- (2) The members are to be appointed by the Secretary of State and the OEP in accordance with paragraphs [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/2/enacted) and [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/3/enacted).
- (2) The members are to be appointed by the Secretary of State and the OEP in accordance with paragraphs [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/2/2021-11-17) and [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/3/2021-11-17).
- (3) In making those appointments, the Secretary of State and the OEP must ensure, so far as practicable, that the number of non-executive members is at all times greater than the number of executive members.
@@ -5499,13 +5499,13 @@
##### 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/3/1/enacted).
- (2) Where the OEP has fewer members than are needed to hold a meeting that is quorate (see paragraph [11(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/11/2/enacted)), 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/4/2/enacted), an interim chief executive must act in accordance with any directions given by the Secretary of State.
- (4) Neither paragraph [3(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/3/4/enacted) (requirement that executive members are employees) nor paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/5/2/enacted) (requirement that members are not civil servants) apply to an interim chief executive.
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/3/1/2021-11-17).
- (2) Where the OEP has fewer members than are needed to hold a meeting that is quorate (see paragraph [11(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/11/2/2021-11-17)), 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/4/2/2021-11-17), an interim chief executive must act in accordance with any directions given by the Secretary of State.
- (4) Neither paragraph [3(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/3/4/2021-11-17) (requirement that executive members are employees) nor paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/5/2/2021-11-17) (requirement that members are not civil servants) apply to an interim chief executive.
#### Terms of membership
@@ -5563,7 +5563,7 @@
> - 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/7/5/enacted) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/7/5/2021-11-17) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
#### Powers
@@ -5597,7 +5597,7 @@
##### 10
- (1) The OEP may delegate any of its functions (other than a function mentioned in sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/enacted)) to—
- (1) The OEP may delegate any of its functions (other than a function mentioned in sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/2021-11-17)) to—
- (a) a member of the OEP,
@@ -5611,11 +5611,11 @@
- (4) The OEP may not delegate the following functions—
- (a) approving the strategy under section 23[(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/3/enacted) (or a revision of it);
- (a) approving the strategy under section 23[(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/3/2021-11-17) (or a revision of it);
- (b) approving a report under section 28 or 29;
- (c) approving written advice to a Minister of the Crown under section 30[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/1/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/3/enacted);
- (c) approving written advice to a Minister of the Crown under section 30[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/1/2021-11-17) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/3/2021-11-17);
- (d) deciding whether to give an information notice;
@@ -5625,9 +5625,9 @@
- (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);
- (h) approving a delegation policy under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/2/enacted);
- (i) approving a report on the exercise of the OEP’s functions under paragraph [13(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/13/1/enacted) or a statement of accounts under paragraph [14(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/2/enacted).
- (h) approving a delegation policy under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/2/2021-11-17);
- (i) approving a report on the exercise of the OEP’s functions under paragraph [13(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/13/1/2021-11-17) or a statement of accounts under paragraph [14(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/2/2021-11-17).
#### Procedure
@@ -5805,7 +5805,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/enacted), whether the natural environment has, or particular aspects of it have, improved during that period.
- (b) consider, having regard to any data obtained under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2021-11-17), 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—
@@ -5831,7 +5831,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/4/6/enacted)).
- (b) otherwise, the day on which it replaces the previous plan (see paragraph [4(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/4/6/2021-11-17)).
- (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.
@@ -5839,7 +5839,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/enacted), the natural environment has, or particular aspects of it have, improved during that period, and
- (b) consider whether, having regard to data obtained under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2021-11-17) 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).
@@ -5853,9 +5853,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/6/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/7/enacted).
- (9) A review is completed when the Department has laid and published the documents mentioned in sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/6/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/7/enacted).
- (8) The Department must publish the documents laid under sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/6/2021-11-17) or [(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/7/2021-11-17).
- (9) A review is completed when the Department has laid and published the documents mentioned in sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/6/2021-11-17) or [(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/7/2021-11-17).
- (10) References in this Schedule to an environmental improvement plan include a revised environmental improvement plan.
@@ -5873,7 +5873,7 @@
- (a) consider what has been done to implement the old plan,
- (b) consider whether, having regard to data obtained under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/enacted), the natural environment has improved since the beginning of the period to which the old plan relates,
- (b) consider whether, having regard to data obtained under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2021-11-17) 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
@@ -5893,13 +5893,13 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/1/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/1/2021-11-17).
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2/enacted) applies to any revised statement).
- (5) The Department must publish any data obtained under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/1/enacted).
- (4) The Department may revise the statement at any time (and sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2/2021-11-17) applies to any revised statement).
- (5) The Department must publish any data obtained under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/1/2021-11-17).
## PART 2 — Policy statement on environmental principles
@@ -5907,7 +5907,7 @@
##### 6
- (1) The Department must prepare a policy statement on environmental principles in accordance with this paragraph and paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/enacted).
- (1) The Department must prepare a policy statement on environmental principles in accordance with this paragraph and paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/2021-11-17).
- (2) A “policy statement on environmental principles” is a statement explaining how the environmental principles should be interpreted and proportionately applied—
@@ -5957,7 +5957,7 @@
- (5) The Department must prepare and lay before the Northern Ireland Assembly the final statement, but not before—
- (a) if sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/4/enacted) applies, the day on which the Department lays the response required by that sub-paragraph, or
- (a) if sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/4/2021-11-17) 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.
@@ -5965,13 +5965,13 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/3/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/3/2021-11-17).
- (9) “*Sitting day*” means a day on which the Northern Ireland Assembly sits.
- (10) The requirements in sub-paragraphs [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/1/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/2/enacted) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/1/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/9/enacted) apply in relation to any revised statement).
- (10) The requirements in sub-paragraphs [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/1/2021-11-17) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/2/2021-11-17) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/1/2021-11-17) to [(9)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/7/9/2021-11-17) apply in relation to any revised statement).
#### Policy statement on environmental principles: effect
@@ -5987,9 +5987,9 @@
- (b) would be in any other way disproportionate to the environmental benefit.
- (4) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/8/1/enacted) does not apply to policies so far as relating to taxation, spending or the allocation of resources within government.
- (5) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/8/2/enacted) does not apply to policies so far as relating to—
- (4) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/8/1/2021-11-17) does not apply to policies so far as relating to taxation, spending or the allocation of resources within government.
- (5) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/8/2/2021-11-17) does not apply to policies so far as relating to—
- (a) the armed forces, defence or national security, or
@@ -6023,7 +6023,7 @@
- (c) maintenance, restoration or enhancement of the natural environment;
- (d) monitoring, assessing, considering, advising or reporting on anything in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/10/a/enacted) to [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/10/c/enacted).
- (d) monitoring, assessing, considering, advising or reporting on anything in paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/10/a/2021-11-17) to [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/10/c/2021-11-17).
#### General interpretation
@@ -6031,23 +6031,25 @@
- (1) In this Schedule—
- “*current environmental improvement plan*” has the meaning given by paragraph [1(8)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/8/enacted);
- “*current environmental improvement plan*” has the meaning given by paragraph [1(8)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/8/2021-11-17);
- the “*Department*” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
- “*environmental improvement plan*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/enacted) (and see also paragraph [3(10)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/10/enacted));
- “*environmental principles*” has the meaning given by paragraph [6(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/6/5/enacted);
- “*improving the natural environment*”, in relation to an environmental improvement plan, is to be read in accordance with paragraph [1(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/5/enacted);
- “*environmental improvement plan*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/2021-11-17) (and see also paragraph [3(10)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/10/2021-11-17));
- “*environmental principles*” has the meaning given by paragraph [6(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/6/5/2021-11-17);
- “*improving the natural environment*”, in relation to an environmental improvement plan, is to be read in accordance with paragraph [1(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/5/2021-11-17);
- “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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/6/enacted).
- “*policy statement on environmental principles*” has the meaning given by paragraph [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/6/2021-11-17).
- (2) Section 41(3) of the [Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))](https://www.legislation.gov.uk/apni/1954/33) 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.
@@ -6065,13 +6067,13 @@
- (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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/2/enacted) of Schedule 2 (a “Schedule 2 report”).
- (4) An annual reporting period is a period for which the Department must prepare a report under paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/2/2021-11-17) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/enacted) of Schedule 2 that relates to that period, and
- (b) the data published by the Department under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2021-11-17) of Schedule 2 that relates to that period, and
- (c) any other reports, documents or information it considers appropriate.
@@ -6079,7 +6081,7 @@
- (a) consideration of how progress could be improved, and
- (b) consideration of the adequacy of the data published by the Department under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/enacted) of Schedule 2.
- (b) consideration of the adequacy of the data published by the Department under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2021-11-17) of Schedule 2.
- (7) The OEP must—
@@ -6151,7 +6153,7 @@
- (a) its advice, and
- (b) if the advice is given under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/3/1/enacted), a statement of the matter on which it was required to give advice and any matters specified under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/3/2/enacted).
- (b) if the advice is given under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/3/1/2021-11-17), a statement of the matter on which it was required to give advice and any matters specified under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/3/2/2021-11-17).
- (6) The Northern Ireland department concerned may, if it thinks fit, lay before the Northern Ireland Assembly—
@@ -6163,7 +6165,7 @@
##### 4
- (1) Paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/enacted) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/enacted) make provision about functions of the OEP in relation to failures by relevant public authorities to comply with relevant environmental law.
- (1) Paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/2021-11-17) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/2021-11-17) 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—
@@ -6235,13 +6237,13 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/6/enacted) if it considers that there are exceptional reasons for doing so.
- (7) The OEP may waive the time limit in sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/6/2021-11-17) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/enacted) that, in its view, indicates that—
- (1) The OEP may carry out an investigation under this paragraph if it receives a complaint made under paragraph [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/2021-11-17) that, in its view, indicates that—
- (a) a relevant public authority may have failed to comply with relevant environmental law, and
@@ -6261,7 +6263,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/enacted), in relation to the alleged failure.
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/2021-11-17), in relation to the alleged failure.
- (8) The report must set out—
@@ -6277,7 +6279,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/5/enacted).
- (b) provide the relevant department with the report prepared under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/5/2021-11-17).
- (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.
@@ -6289,19 +6291,19 @@
- (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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/enacted);
- (b) notify the complainant if it has concluded that it will not be commencing an investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) in relation to the complaint;
- (c) notify the complainant if it commences an investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) in relation to the complaint;
- (a) notify the complainant if it does not intend to consider the complaint because the complaint was not made in accordance with paragraph [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/2021-11-17);
- (b) notify the complainant if it has concluded that it will not be commencing an investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) in relation to the complaint;
- (c) notify the complainant if it commences an investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/5/enacted) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/enacted)), or an application for judicial review by virtue of paragraph [13(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/enacted), 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/9/enacted) in relation to any investigation in relation to the complaint.
- (i) where it provides a report under paragraph [7(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/5/2021-11-17) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/2021-11-17)), or an application for judicial review by virtue of paragraph [13(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/2021-11-17), 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/9/2021-11-17) in relation to any investigation in relation to the complaint.
#### Information notices
@@ -6327,7 +6329,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/3/enacted) by—
- (4) The recipient of an information notice must comply with sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/3/2021-11-17) by—
- (a) the end of the 2 month period beginning with the day on which the notice was given, or
@@ -6403,7 +6405,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/11/5/enacted) does not apply where either the recipient of the principal notice or the linked notice is a Northern Ireland department.
- (6) Sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/11/5/2021-11-17) 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.
@@ -6419,7 +6421,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/1/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/1/b/enacted).
- (b) it is not correspondence sent by virtue of paragraph [14(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/1/a/2021-11-17) or [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/1/b/2021-11-17).
- (11) In this Part of this Schedule—
@@ -6437,11 +6439,11 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/1/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/1/2021-11-17).
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/10/3/enacted)), and
- (a) the end of the period within which the authority must respond to the decision notice that precedes the application (see paragraph [10(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/10/3/2021-11-17)), and
- (b) the date on which the OEP receives the authority’s response to that notice.
@@ -6463,7 +6465,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/8/enacted) 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.
- (9) A statement under sub-paragraph [(8)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/8/2021-11-17) 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.
@@ -6477,13 +6479,13 @@
- (b) the urgency condition is met.
- (2) The urgency condition is that making an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/enacted) (rather than proceeding under paragraphs [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/enacted) to [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/enacted)) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/enacted), 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/3/enacted) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/6/enacted) applies to proceedings (including any appeal) that—
- (2) The urgency condition is that making an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/2021-11-17) (rather than proceeding under paragraphs [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/2021-11-17) to [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/2021-11-17)) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/2021-11-17), 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/3/2021-11-17) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/6/2021-11-17) applies to proceedings (including any appeal) that—
- (a) are in respect of an application for judicial review, and
@@ -6501,13 +6503,13 @@
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/3/b/enacted)), 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/3/a/enacted)).
- (2) The obligation to provide a copy of any notice or correspondence under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/1/enacted) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/enacted), in which the relevant department is not a party, it must provide the relevant department with—
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/3/b/2021-11-17)), 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/3/a/2021-11-17)).
- (2) The obligation to provide a copy of any notice or correspondence under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/14/1/2021-11-17) 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/2021-11-17), in which the relevant department is not a party, it must provide the relevant department with—
- (a) a copy of the application, and
@@ -6517,7 +6519,7 @@
##### 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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/enacted) or applies to intervene in a judicial review, it must publish a statement that—
- (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)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/2021-11-17) or applies to intervene in a judicial review, it must publish a statement that—
- (a) states that the OEP has taken that step,
@@ -6525,7 +6527,7 @@
- (c) sets out such further information as the OEP considers appropriate.
- (2) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/1/enacted) does not apply if the OEP considers that in the circumstances it would not be in the public interest to publish a statement.
- (2) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/1/2021-11-17) 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
@@ -6533,9 +6535,9 @@
- (1) No obligation of secrecy imposed by statute or otherwise prevents a person from—
- (a) in accordance with section 27[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/enacted), providing the OEP with information in connection with an investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted), an information notice or a decision notice, or
- (b) providing information to the OEP in accordance with paragraph [9(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/3/b/enacted).
- (a) in accordance with section 27[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/2021-11-17), providing the OEP with information in connection with an investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17), an information notice or a decision notice, or
- (b) providing information to the OEP in accordance with paragraph [9(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/3/b/2021-11-17).
- (2) But nothing in this Part of this Schedule—
@@ -6545,9 +6547,9 @@
- (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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted);
- (b) for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) and the Ombudsman’s functions that relate to investigations by the Ombudsman.
- (a) for purposes connected with the exercise of the OEP’s functions under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17);
- (b) for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) 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).
@@ -6559,7 +6561,7 @@
- (1) The OEP must not disclose—
- (a) information obtained under paragraph [9(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/3/b/enacted), or
- (a) information obtained under paragraph [9(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/3/b/2021-11-17), or
- (b) correspondence between the OEP and a relevant public authority that—
@@ -6567,19 +6569,19 @@
- (ii) is, or contains, such a notice.
- (2) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/1/enacted) does not apply to a disclosure—
- (2) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/1/2021-11-17) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) or section 33;
- (c) made for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) and the Northern Ireland Public Services Ombudsman’s functions that relate to investigations by the Ombudsman;
- (b) made for purposes connected with an investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) or section 33;
- (c) made for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) 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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) or section 33;
- (f) made for purposes connected with the exercise of the OEP’s functions under paragraphs [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/enacted) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/enacted) or sections 35 to 41 (enforcement);
- (e) made for the purposes of any publication of a report (or part of it) on an investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) or section 33;
- (f) made for purposes connected with the exercise of the OEP’s functions under paragraphs [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/2021-11-17) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/2021-11-17) 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;
@@ -6593,7 +6595,7 @@
- (b) is, or contains, such a notice.
- (4) Sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/17/3/enacted) does not apply to a disclosure—
- (4) Sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/17/3/2021-11-17) does not apply to a disclosure—
- (a) made—
@@ -6601,17 +6603,17 @@
- (ii) in any other case, with the specific or general consent of the OEP;
- (b) made for purposes connected with co-operating with any investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) or section 33;
- (b) made for purposes connected with co-operating with any investigation under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) or section 33;
- (c) made for purposes connected with responding to any information notice or decision notice;
- (d) made for purposes connected with any proceedings in relation to a review application, an environmental review, a judicial review or a statutory review (within the meaning given by section 39[(8)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/8/b/enacted)).
- (d) made for purposes connected with any proceedings in relation to a review application, an environmental review, a judicial review or a statutory review (within the meaning given by section 39[(8)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/39/8/b/2021-11-17)).
- (5) The OEP may not give a person consent to disclose an information notice, a decision notice, a UK information notice or a UK decision notice unless that notice 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.
- (6) If a relevant public authority requests the consent of the OEP to disclose 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, the OEP may not withhold that consent.
- (7) If information referred to in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/1/enacted) and held by the OEP, or referred to in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/17/3/enacted) and held by a relevant public authority, is environmental information for the purposes of the Environmental Information Regulations 2004 ([S.I. 2004/3391](https://www.legislation.gov.uk/uksi/2004/3391)) or the Environmental Information (Scotland) Regulations 2004 ([S.S.I. 2004/520](https://www.legislation.gov.uk/ssi/2004/520)), it is held by that person, for the purposes of the application of those regulations to that information, in connection with confidential proceedings.
- (7) If information referred to in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/1/2021-11-17) and held by the OEP, or referred to in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/17/3/2021-11-17) and held by a relevant public authority, is environmental information for the purposes of the Environmental Information Regulations 2004 ([S.I. 2004/3391](https://www.legislation.gov.uk/uksi/2004/3391)) or the Environmental Information (Scotland) Regulations 2004 ([S.S.I. 2004/520](https://www.legislation.gov.uk/ssi/2004/520)), it is held by that person, for the purposes of the application of those regulations to that information, in connection with confidential proceedings.
#### Meaning of UK environmental law and Northern Ireland environmental law
@@ -6635,17 +6637,17 @@
- (a) legislative provision contained in, or in an instrument made under, Northern Ireland legislation, and
- (b) legislative provision not within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/4/a/enacted) 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.
- (5) The Department may by regulations provide that a Northern Ireland legislative provision specified in the regulations is, or is not, within the definition of “Northern Ireland environmental law” in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/2/enacted) (and this Part of this Schedule applies accordingly).
- (6) Before making regulations under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/5/enacted) the Department must consult—
- (b) legislative provision not within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/4/a/2021-11-17) 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.
- (5) The Department may by regulations provide that a Northern Ireland legislative provision specified in the regulations is, or is not, within the definition of “Northern Ireland environmental law” in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/2/2021-11-17) (and this Part of this Schedule applies accordingly).
- (6) Before making regulations under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/5/2021-11-17) the Department must consult—
- (a) the OEP, and
- (b) any other persons the Department considers appropriate.
- (7) Regulations under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/5/enacted) are subject to the affirmative procedure.
- (7) Regulations under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/5/2021-11-17) are subject to the affirmative procedure.
#### Interpretation of Part 1 of this Schedule: general
@@ -6653,11 +6655,11 @@
- (1) In this Part of this Schedule—
- “*application for judicial review*” is to be read in accordance with paragraph [12(10)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/10/enacted);
- “*current environmental improvement plan*” has the meaning it has in Schedule 2 (see paragraph [1(8)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/8/enacted) of that Schedule);
- “*decision notice*” means a notice given under paragraph [10](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/10/enacted);
- “*application for judicial review*” is to be read in accordance with paragraph [12(10)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/10/2021-11-17);
- “*current environmental improvement plan*” has the meaning it has in Schedule 2 (see paragraph [1(8)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/8/2021-11-17) of that Schedule);
- “*decision notice*” means a notice given under paragraph [10](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/10/2021-11-17);
- “*the Department*” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
@@ -6665,39 +6667,39 @@
- “*devolved environmental governance function*” has the meaning it has in Part 1 of this Act (see section 47);
- “*environmental improvement plan*” has the meaning it has in Schedule 2 (see paragraphs [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/enacted) and [3(10)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/10/enacted) of that Schedule);
- “*environmental protection*” has the meaning it has in Schedule 2 (see paragraph [10](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/10/enacted) of that Schedule);
- “*environmental improvement plan*” has the meaning it has in Schedule 2 (see paragraphs [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/2021-11-17) and [3(10)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/10/2021-11-17) of that Schedule);
- “*environmental protection*” has the meaning it has in Schedule 2 (see paragraph [10](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/10/2021-11-17) of that Schedule);
- “*environmental review*” has the meaning it has in Part 1 of this Act (see section 38);
- “*implementation body*” has the meaning it has in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section);
- “*improving the natural environment*”, in relation to an environmental improvement plan, is to be read in accordance with paragraph [1(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/5/enacted) of Schedule 2;
- “*information notice*” means a notice given under paragraph [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/enacted);
- “*natural environment*” has the meaning it has in Schedule 2 (see paragraph [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/9/enacted) of that Schedule);
- “*Northern Ireland devolved function*” has the meaning given by paragraph [5(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/5/5/enacted);
- “*improving the natural environment*”, in relation to an environmental improvement plan, is to be read in accordance with paragraph [1(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/1/5/2021-11-17) of Schedule 2;
- “*information notice*” means a notice given under paragraph [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/2021-11-17);
- “*natural environment*” has the meaning it has in Schedule 2 (see paragraph [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/9/2021-11-17) of that Schedule);
- “*Northern Ireland devolved function*” has the meaning given by paragraph [5(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/5/5/2021-11-17);
- “*OEP*” has the meaning given by section 22;
- “*parliamentary function*” means a function in connection with proceedings in Parliament or the Northern Ireland Assembly;
- “*relevant department*” has the meaning given by paragraph [7(11)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/11/enacted);
- “*relevant environmental law*” has the meaning given by paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/5/2/enacted);
- “*relevant department*” has the meaning given by paragraph [7(11)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/11/2021-11-17);
- “*relevant environmental law*” has the meaning given by paragraph [5(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/5/2/2021-11-17);
- “*relevant ombudsman*” has the meaning it has in Part 1 of this Act (see section 23);
- “*relevant public authority*” has the meaning given by paragraph [5(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/5/3/enacted);
- “*review application*” has the meaning given by paragraph [12(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/2/enacted);
- “*UK decision notice*” has the meaning given by paragraph [11(11)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/11/11/enacted);
- “*UK information notice*” has the meaning given by paragraph [11(11)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/11/11/enacted).
- “*relevant public authority*” has the meaning given by paragraph [5(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/5/3/2021-11-17);
- “*review application*” has the meaning given by paragraph [12(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/2/2021-11-17);
- “*UK decision notice*” has the meaning given by paragraph [11(11)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/11/11/2021-11-17);
- “*UK information notice*” has the meaning given by paragraph [11(11)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/11/11/2021-11-17).
- (2) Section 41(3) of the [Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))](https://www.legislation.gov.uk/apni/1954/33) applies in relation to the laying of a document before the Northern Ireland Assembly under this Part of this Schedule, as it applies in relation to the laying of a statutory document under an Act of the Northern Ireland Assembly.
@@ -6705,41 +6707,41 @@
##### 20
This Act is amended in accordance with paragraphs [21](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/21/enacted) to [30](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/30/enacted).
This Act is amended in accordance with paragraphs [21](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/21/2021-11-17) to [30](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/30/2021-11-17).
##### 21
- (1) Section 23 (principal objective of the OEP and exercise of its functions) is amended as follows.
- (2) In subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/enacted)—
- (a) after paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/a/enacted) insert—
> (aa) how the OEP intends to determine whether failures to comply with relevant environmental law are serious for the purposes of paragraphs [7(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/1/b/enacted) and [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2/b/enacted), [9(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/1/b/enacted), [10(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/10/1/b/enacted), 12(1)(b) and [13(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/enacted) and (6) of Schedule 3,
- (2) In subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/2021-11-17)—
- (a) after paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/a/2021-11-17) insert—
> (aa) how the OEP intends to determine whether failures to comply with relevant environmental law are serious for the purposes of paragraphs [7(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/1/b/2021-11-17) and [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2/b/2021-11-17), [9(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/1/b/2021-11-17), [10(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/10/1/b/2021-11-17), 12(1)(b) and [13(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/2021-11-17) and (6) of Schedule 3,
;
- (b) at the end of paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/b/enacted) insert “or paragraph [13(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/2/enacted) of Schedule 3,”;
- (c) omit the “and” at the end of paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/d/enacted);
- (d) after paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/d/enacted) insert—
> (da) how the OEP intends to avoid any overlap between the exercise of its functions under paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/enacted) to [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/8/enacted) of Schedule 3 (complaints) and the exercise by the Northern Ireland Public Services Ombudsman of its functions, and
- (b) at the end of paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/b/2021-11-17) insert “or paragraph [13(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/2/2021-11-17) of Schedule 3,”;
- (c) omit the “and” at the end of paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/d/2021-11-17);
- (d) after paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/6/d/2021-11-17) insert—
> (da) how the OEP intends to avoid any overlap between the exercise of its functions under paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/2021-11-17) to [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/8/2021-11-17) of Schedule 3 (complaints) and the exercise by the Northern Ireland Public Services Ombudsman of its functions, and
.
- (3) In subsection [(7)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/7/c/enacted) after “environmental law” insert “or Northern Ireland environmental law”.
- (4) After subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/7/enacted) insert—
> (7A) In this section “relevant environmental law” and “Northern Ireland environmental law” have the meanings they have in Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/1/enacted) of Schedule 3 (see paragraphs [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/5/enacted) and [18(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/2/enacted) of that Schedule).
- (5) In subsection [(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/8/enacted) after “sections 32 to 41” insert “and paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/enacted) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/enacted) of Schedule 3”.
- (3) In subsection [(7)(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/7/c/2021-11-17) after “environmental law” insert “or Northern Ireland environmental law”.
- (4) After subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/7/2021-11-17) insert—
> (7A) In this section “relevant environmental law” and “Northern Ireland environmental law” have the meanings they have in Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/1/2021-11-17) of Schedule 3 (see paragraphs [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/5/2021-11-17) and [18(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/18/2/2021-11-17) of that Schedule).
- (5) In subsection [(8)](https://www.legislation.gov.uk/ukpga/2021/30/section/23/8/2021-11-17) after “sections 32 to 41” insert “and paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/2021-11-17) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/2021-11-17) of Schedule 3”.
##### 22
In section 24 (the OEP’s strategy: process), in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/24/1/a/enacted) after “Parliament” insert “and the Northern Ireland Assembly”.
In section 24 (the OEP’s strategy: process), in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/24/1/a/2021-11-17) after “Parliament” insert “and the Northern Ireland Assembly”.
##### 23
@@ -6764,7 +6766,7 @@
> (2) The OEP must have regard to the guidance in—
> (a) preparing its enforcement policy, so far as relating to its Northern Ireland enforcement functions, and
> (b) exercising its Northern Ireland enforcement functions.
> (3) The OEP’s “Northern Ireland enforcement functions” are its functions under paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/enacted) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/enacted) of Schedule 3.
> (3) The OEP’s “Northern Ireland enforcement functions” are its functions under paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/2021-11-17) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/2021-11-17) of Schedule 3.
> (4) Before issuing the guidance, the Department must—
> (a) prepare a draft, and
> (b) lay the draft before the Northern Ireland Assembly.
@@ -6782,22 +6784,22 @@
- (1) Section 27 (co-operation duties of public authorities and the OEP) is amended as follows.
- (2) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/2/enacted)—
- (a) in paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/2/d/enacted) for “, the Welsh Ministers, a Northern Ireland department or a Minister within the meaning of the Northern Ireland Act 1998” substitute “or the Welsh Ministers”;
- (b) in paragraph [(f)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/2/f/enacted) for “devolved functions” substitute “Scottish devolved functions or Welsh devolved functions”.
- (3) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/3/enacted) for “devolved functions”, in both places it occurs, substitute “Scottish devolved functions or Welsh devolved functions”.
- (4) After subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/3/enacted) insert—
> (3A) An implementation body is only required to co-operate with the OEP by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/enacted) to the extent that co-operation is in relation to functions of that body exercisable in or as regards Northern Ireland.
- (2) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/2/2021-11-17)—
- (a) in paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/2/d/2021-11-17) for “, the Welsh Ministers, a Northern Ireland department or a Minister within the meaning of the Northern Ireland Act 1998” substitute “or the Welsh Ministers”;
- (b) in paragraph [(f)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/2/f/2021-11-17) for “devolved functions” substitute “Scottish devolved functions or Welsh devolved functions”.
- (3) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/3/2021-11-17) for “devolved functions”, in both places it occurs, substitute “Scottish devolved functions or Welsh devolved functions”.
- (4) After subsection [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/3/2021-11-17) insert—
> (3A) An implementation body is only required to co-operate with the OEP by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/27/1/2021-11-17) to the extent that co-operation is in relation to functions of that body exercisable in or as regards Northern Ireland.
> In this subsection “*implementation body*” has the meaning it has in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section).
##### 26
In section 37 (linked notices), after subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/37/6/enacted) insert—
In section 37 (linked notices), after subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/37/6/2021-11-17) insert—
> (6A) 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 Northern Ireland information notice or Northern Ireland decision notice, it may determine that those notices are linked.
> (6B) The OEP must provide the recipient of an information notice or a decision notice with—
@@ -6808,39 +6810,39 @@
- (1) Section 43 (confidentiality of proceedings) is amended as follows.
- (2) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/enacted)—
- (a) in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/b/enacted) after “(investigations)” insert “or paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) of Schedule 3 (functions of the OEP in Northern Ireland)”;
- (b) after paragraph [(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/c/enacted) insert—
> (ca) made for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) of Schedule 3 and the Northern Ireland Public Services Ombudsman’s functions that relate to investigations by the Ombudsman;
- (2) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/2021-11-17)—
- (a) in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/b/2021-11-17) after “(investigations)” insert “or paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) of Schedule 3 (functions of the OEP in Northern Ireland)”;
- (b) after paragraph [(c)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/c/2021-11-17) insert—
> (ca) made for purposes connected with the co-ordination of the OEP’s functions that relate to investigations under paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) of Schedule 3 and the Northern Ireland Public Services Ombudsman’s functions that relate to investigations by the Ombudsman;
;
- (c) in paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/d/enacted) after “section 33” insert “or paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) of Schedule 3”;
- (d) in paragraph [(e)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/e/enacted) after “sections 35 to 41” insert “or paragraphs [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/enacted) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/enacted) of Schedule 3”;
- (e) in paragraph [(h)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/h/enacted) after “this Chapter” insert “or Part 1 of Schedule 3”.
- (3) In subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/3/a/enacted) for “or decision notice” substitute “, decision notice, Northern Ireland information notice or Northern Ireland decision notice”.
- (4) In subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/4/enacted)—
- (a) in paragraph [(a)(i)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/4/a/i/enacted) for “or a decision notice” substitute “, a decision notice, a Northern Ireland information notice or a Northern Ireland decision notice”;
- (b) in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/4/b/enacted) after “section 33” insert “or paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/enacted) of Schedule 3”;
- (c) in paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/4/d/enacted) after “judicial review” insert “(which includes a review application)”.
- (5) In subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/5/enacted)—
- (c) in paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/d/2021-11-17) after “section 33” insert “or paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) of Schedule 3”;
- (d) in paragraph [(e)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/e/2021-11-17) after “sections 35 to 41” insert “or paragraphs [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/2021-11-17) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/2021-11-17) of Schedule 3”;
- (e) in paragraph [(h)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/2/h/2021-11-17) after “this Chapter” insert “or Part 1 of Schedule 3”.
- (3) In subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/3/a/2021-11-17) for “or decision notice” substitute “, decision notice, Northern Ireland information notice or Northern Ireland decision notice”.
- (4) In subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/4/2021-11-17)—
- (a) in paragraph [(a)(i)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/4/a/i/2021-11-17) for “or a decision notice” substitute “, a decision notice, a Northern Ireland information notice or a Northern Ireland decision notice”;
- (b) in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/4/b/2021-11-17) after “section 33” insert “or paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/7/2021-11-17) of Schedule 3”;
- (c) in paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/4/d/2021-11-17) after “judicial review” insert “(which includes a review application)”.
- (5) In subsection [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/5/2021-11-17)—
- (a) for “or a decision notice” substitute “, a decision notice, a Northern Ireland information notice or a Northern Ireland decision notice”;
- (b) after “this Chapter” insert “or Part 1 of Schedule 3”.
- (6) In subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/6/enacted) after “this Chapter” insert “or Part 1 of Schedule 3”.
- (6) In subsection [(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/43/6/2021-11-17) after “this Chapter” insert “or Part 1 of Schedule 3”.
##### 28
@@ -6854,19 +6856,19 @@
- (i) for “devolved function” substitute “Scottish devolved function or Welsh devolved function”;
- (ii) after “this Part” insert “or Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/1/enacted) of Schedule 3 (functions of the OEP in Northern Ireland)”;
- (ii) after “this Part” insert “or Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/1/2021-11-17) of Schedule 3 (functions of the OEP in Northern Ireland)”;
- (b) at the appropriate places insert—
> - “*Northern Ireland decision notice*” means a notice given under paragraph [10](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/10/enacted) of Schedule 3 (functions of the OEP in Northern Ireland);
> - “*Northern Ireland decision notice*” means a notice given under paragraph [10](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/10/2021-11-17) of Schedule 3 (functions of the OEP in Northern Ireland);
;
> - “*Northern Ireland information notice*” means a notice given under paragraph [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/enacted) of Schedule 3;
> - “*Northern Ireland information notice*” means a notice given under paragraph [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/9/2021-11-17) of Schedule 3;
;
> - “*review application*” has the meaning it has in Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/1/enacted) of Schedule 3 (see paragraph [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/enacted) of that Schedule);
> - “*review application*” has the meaning it has in Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/1/2021-11-17) of Schedule 3 (see paragraph [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/2021-11-17) of that Schedule);
;
@@ -6886,37 +6888,37 @@
- (1) Schedule 1 is amended as follows.
- (2) In paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/enacted)—
- (a) in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/1/enacted), after paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/1/a/enacted) insert—
- (2) In paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/2021-11-17)—
- (a) in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/1/2021-11-17), after paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/1/a/2021-11-17) insert—
> (aa) a Northern Ireland member (who is to be a non-executive member),
;
- (b) in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/2/enacted) after “Secretary of State” insert “, the Northern Ireland Department”;
- (c) in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/3/enacted)—
- (b) in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/2/2021-11-17) after “Secretary of State” insert “, the Northern Ireland Department”;
- (c) in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/1/3/2021-11-17)—
- (i) for “In making those appointments,” substitute “When exercising their functions of appointment”;
- (ii) after “non-executive members” insert “(including the Northern Ireland member)”.
- (3) In paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/2/enacted) for sub-paragraphs [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/2/1/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/2/2/enacted) substitute—
- (3) In paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/2/2021-11-17) for sub-paragraphs [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/2/1/2021-11-17) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/2/2/2021-11-17) substitute—
> (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](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/1/enacted) of Schedule 3),
> (a) Northern Ireland environmental law (within the meaning of Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/part/1/2021-11-17) of Schedule 3),
> (b) environmental science in Northern Ireland, or
> (c) environmental regulation in Northern Ireland.
- (4) In paragraph [3(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/3/3/enacted) after “Secretary of State” insert “and the Northern Ireland Department”.
- (5) In paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/5/enacted)—
- (a) in sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/5/4/enacted) after “of non-executive members” insert “(including the Northern Ireland member)”;
- (4) In paragraph [3(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/3/3/2021-11-17) after “Secretary of State” insert “and the Northern Ireland Department”.
- (5) In paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/5/2021-11-17)—
- (a) in sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/5/4/2021-11-17) after “of non-executive members” insert “(including the Northern Ireland member)”;
- (b) after that sub-paragraph insert—
@@ -6924,7 +6926,7 @@
;
- (c) for sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/5/6/enacted) substitute—
- (c) for sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/5/6/2021-11-17) substitute—
> (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—
@@ -6938,25 +6940,25 @@
> (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.
- (6) In paragraph [10(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/enacted)—
- (a) in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/b/enacted) after “section 28 or 29” insert “, or a report under paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/1/enacted) or [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/2/enacted) of Schedule 3 (functions of the OEP in Northern Ireland)”;
- (b) in paragraph [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/c/enacted) after “section 30[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/1/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/3/enacted)” insert “, or written advice to a Northern Ireland department under paragraph [3(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/3/1/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/3/3/enacted) of Schedule 3”;
- (c) in paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/d/enacted) after “information notice” insert “or a Northern Ireland information notice”;
- (d) in paragraph [(e)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/e/enacted) after “decision notice” insert “or a Northern Ireland decision notice”;
- (e) after paragraph [(g)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/g/enacted) insert—
> (ga) deciding whether to make a review application (see paragraph [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/enacted) of Schedule 3) or an application for judicial review by virtue of paragraph [13(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/enacted) of that Schedule or to intervene in proceedings that relate to a judicial review (see paragraph [13](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/enacted) of that Schedule);
- (6) In paragraph [10(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/2021-11-17)—
- (a) in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/b/2021-11-17) after “section 28 or 29” insert “, or a report under paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/1/2021-11-17) or [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/2/2021-11-17) of Schedule 3 (functions of the OEP in Northern Ireland)”;
- (b) in paragraph [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/c/2021-11-17) after “section 30[(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/1/2021-11-17) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/30/3/2021-11-17)” insert “, or written advice to a Northern Ireland department under paragraph [3(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/3/1/2021-11-17) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/3/3/2021-11-17) of Schedule 3”;
- (c) in paragraph [(d)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/d/2021-11-17) after “information notice” insert “or a Northern Ireland information notice”;
- (d) in paragraph [(e)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/e/2021-11-17) after “decision notice” insert “or a Northern Ireland decision notice”;
- (e) after paragraph [(g)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/10/4/g/2021-11-17) insert—
> (ga) deciding whether to make a review application (see paragraph [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/12/2021-11-17) of Schedule 3) or an application for judicial review by virtue of paragraph [13(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/1/2021-11-17) of that Schedule or to intervene in proceedings that relate to a judicial review (see paragraph [13](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/13/2021-11-17) of that Schedule);
.
- (7) In paragraph [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/12/enacted)—
- (a) in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/12/1/enacted)—
- (7) In paragraph [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/12/2021-11-17)—
- (a) in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/12/1/2021-11-17)—
- (i) after “Secretary of State”, in the first place it occurs, insert “and the Northern Ireland Department”;
@@ -6964,27 +6966,27 @@
- (iii) for “the Secretary of State considers” substitute “they consider”;
- (b) in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/12/2/enacted)—
- (b) in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/12/2/2021-11-17)—
- (i) after “Secretary of State”, in the first place it occurs, insert “, or the Northern Ireland Department,”;
- (ii) after “Secretary of State”, in the second place it occurs, insert “, or that department,”.
- (8) In paragraph [13(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/13/2/a/enacted) after “Parliament” insert “and the Northern Ireland Assembly”.
- (9) In paragraph [14](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/enacted)—
- (a) in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/3/enacted) after “Secretary of State” insert “and the Northern Ireland Department”;
- (b) in sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/4/enacted) after “Secretary of State” insert “, the Northern Ireland Department”;
- (c) in sub-paragraph [(5)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/5/b/enacted) after “Secretary of State” insert “, the Northern Ireland Department”;
- (d) in sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/6/enacted) after “Parliament” insert “and the Northern Ireland Assembly”.
- (10) In paragraph [17](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/17/enacted) after “Secretary of State” insert “and the Northern Ireland Department”.
- (11) After paragraph [23](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/23/enacted) insert—
- (8) In paragraph [13(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/13/2/a/2021-11-17) after “Parliament” insert “and the Northern Ireland Assembly”.
- (9) In paragraph [14](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/2021-11-17)—
- (a) in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/3/2021-11-17) after “Secretary of State” insert “and the Northern Ireland Department”;
- (b) in sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/4/2021-11-17) after “Secretary of State” insert “, the Northern Ireland Department”;
- (c) in sub-paragraph [(5)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/5/b/2021-11-17) after “Secretary of State” insert “, the Northern Ireland Department”;
- (d) in sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/14/6/2021-11-17) after “Parliament” insert “and the Northern Ireland Assembly”.
- (10) In paragraph [17](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/17/2021-11-17) after “Secretary of State” insert “and the Northern Ireland Department”.
- (11) After paragraph [23](https://www.legislation.gov.uk/ukpga/2021/30/schedule/1/paragraph/23/2021-11-17) insert—
> (24) In this Schedule “*the Northern Ireland Department*” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
@@ -6992,11 +6994,11 @@
- (1) Schedule 2 (improving the natural environment: Northern Ireland) is amended as follows.
- (2) In paragraph [3(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/4/b/enacted) after “under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/enacted)” insert “and reports made by the OEP under paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/1/enacted) of Schedule 3”.
- (3) In paragraph [4(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/4/4/b/enacted) after “under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/enacted)” insert “and reports made by the OEP under paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/1/enacted) of Schedule 3”.
- (4) In paragraph [11(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/11/1/enacted), at the appropriate place insert—
- (2) In paragraph [3(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/4/b/2021-11-17) after “under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2021-11-17)” insert “and reports made by the OEP under paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/1/2021-11-17) of Schedule 3”.
- (3) In paragraph [4(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/4/4/b/2021-11-17) after “under paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/5/2021-11-17)” insert “and reports made by the OEP under paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/1/2021-11-17) of Schedule 3”.
- (4) In paragraph [11(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/11/1/2021-11-17), at the appropriate place insert—
> - “*OEP*” has the meaning given by section 22;
@@ -7018,7 +7020,7 @@
- (b) sustaining a minimum level of, or promoting or securing an increase in, the re-use, redistribution, recovery or recycling of products or materials.
- (3) In this Schedule “*producer responsibility obligations*” means steps required to be taken, in respect of products or materials, for a purpose in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/1/2/enacted).
- (3) In this Schedule “*producer responsibility obligations*” means steps required to be taken, in respect of products or materials, for a purpose in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/1/2/2021-11-17).
#### Examples of provision that may be made
@@ -7148,13 +7150,13 @@
- (1) Before making regulations under this Part of this Schedule the relevant national authority must consult persons appearing to it to represent the interests of those likely to be affected.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/8/1/enacted) may be met by consultation carried out before this paragraph comes into force.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/8/1/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
##### 9
- (1) Before making regulations under this Part of this Schedule the relevant national authority must be satisfied that—
- (a) making the regulations would be likely to achieve one or more of the purposes in paragraph [1(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/1/2/enacted);
- (a) making the regulations would be likely to achieve one or more of the purposes in paragraph [1(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/1/2/2021-11-17);
- (b) making the regulations would produce environmental or economic benefits;
@@ -7168,9 +7170,9 @@
- (ii) taking account of the need to ensure that the proposed producer responsibility obligation is so framed as to be effective in achieving the purposes for which it is imposed.
- (2) Nothing in sub-paragraph [(1)(e)(i)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/9/1/e/i/enacted) prevents regulations imposing a producer responsibility obligation on any class or description of person to the exclusion of any others.
- (3) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/9/1/enacted) does not apply to regulations for the implementation of an international agreement to which the United Kingdom is a party.
- (2) Nothing in sub-paragraph [(1)(e)(i)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/9/1/e/i/2021-11-17) prevents regulations imposing a producer responsibility obligation on any class or description of person to the exclusion of any others.
- (3) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/9/1/2021-11-17) does not apply to regulations for the implementation of an international agreement to which the United Kingdom is a party.
##### 10
@@ -7178,7 +7180,7 @@
- (a) the regulations do not have the effect of restricting, distorting or preventing competition, or
- (b) if the regulations are likely to have that effect, the effect is no greater than is necessary for achieving the environmental or economic benefits mentioned in paragraph [9(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/9/1/enacted).
- (b) if the regulations are likely to have that effect, the effect is no greater than is necessary for achieving the environmental or economic benefits mentioned in paragraph [9(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/9/1/2021-11-17).
#### Interpretation
@@ -7190,7 +7192,7 @@
- “product” and “material” include a product or material at a time when it becomes, or has become, waste;
- “*recovery*”, in relation to products or materials, includes— composting them, or any other transformation of them by biological processes, or obtaining energy from them by any means;
- “*recovery*”, in relation to products or materials, includes—composting them, or any other transformation of them by biological processes, orobtaining energy from them by any means;
- “*specified*” means specified in, or determined in accordance with, the regulations.
@@ -7310,7 +7312,7 @@
- (1) Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/20/1/enacted) may be met by consultation carried out before this paragraph comes into force.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/4/paragraph/20/1/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
## SCHEDULE 5
@@ -7428,7 +7430,7 @@
- (1) Before making regulations under this Part of this Schedule the relevant national authority must consult persons appearing to it to represent the interests of those likely to be affected.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/5/paragraph/10/1/enacted) may be met by consultation carried out before this paragraph comes into force.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/5/paragraph/10/1/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
## PART 2 — Enforcement
@@ -7540,7 +7542,7 @@
- (1) Before making regulations under this Part of this Schedule the relevant national authority must consult any persons the authority considers appropriate.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/5/paragraph/18/1/enacted) may be met by consultation carried out before this paragraph comes into force.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/5/paragraph/18/1/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
## SCHEDULE 6
@@ -7560,7 +7562,7 @@
- (c) food, within the meaning of article 2 of Regulation [(EC) No. 178/2002](https://www.legislation.gov.uk/european/regulation/2002/0178) of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
- (3) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/1/2/enacted) does not prevent the regulations making provision in relation to a product which is not within that sub-paragraph, but is packaging for a product which is within that sub-paragraph.
- (3) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/1/2/2021-11-17) does not prevent the regulations making provision in relation to a product which is not within that sub-paragraph, but is packaging for a product which is within that sub-paragraph.
#### Meaning of “information about resource efficiency”
@@ -7568,7 +7570,7 @@
- (1) Information about resource efficiency, in relation to a product, means information which—
- (a) is within sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/2/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/2/3/enacted), and
- (a) is within sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/2/2/2021-11-17) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/2/3/2021-11-17), and
- (b) is relevant to the product’s impact on the natural environment.
@@ -7614,7 +7616,7 @@
- (c) specifying a scheme for classifying products by reference to matters about which resource efficiency information must be provided;
- (d) requiring information provided about a product to be determined according to specified criteria (for example, according to results published by virtue of paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/4/b/enacted) or classification schemes under paragraph [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/4/c/enacted)).
- (d) requiring information provided about a product to be determined according to specified criteria (for example, according to results published by virtue of paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/4/b/2021-11-17) or classification schemes under paragraph [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/4/c/2021-11-17)).
#### Consultation etc requirements
@@ -7624,7 +7626,7 @@
- (a) consult any persons the authority considers appropriate, and
- (b) have regard to the matters in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/5/2/enacted).
- (b) have regard to the matters in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/5/2/2021-11-17).
- (2) The matters are—
@@ -7634,7 +7636,7 @@
- (c) whether exemptions should be given, or other special provision made, for smaller businesses.
- (3) The requirement in sub-paragraph [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/5/1/a/enacted) may be met by consultation carried out before this paragraph comes into force.
- (3) The requirement in sub-paragraph [(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/5/1/a/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
#### Interpretation
@@ -7758,7 +7760,7 @@
- (1) Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/14/1/enacted) may be met by consultation carried out before this paragraph comes into force.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/6/paragraph/14/1/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
## SCHEDULE 7
@@ -7780,7 +7782,7 @@
- (d) food, within the meaning of article 2 of Regulation [(EC) No. 178/2002](https://www.legislation.gov.uk/european/regulation/2002/0178) of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
- (3) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/1/2/enacted) does not prevent the regulations making provision in relation to a product which is not within that sub-paragraph, but is packaging for a product which is within that sub-paragraph.
- (3) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/1/2/2021-11-17) does not prevent the regulations making provision in relation to a product which is not within that sub-paragraph, but is packaging for a product which is within that sub-paragraph.
#### Meaning of “resource efficiency requirements”
@@ -7788,7 +7790,7 @@
- (1) “*Resource efficiency requirements*”, in relation to a product, means requirements which—
- (a) are within sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/2/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/2/3/enacted), and
- (a) are within sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/2/2/2021-11-17) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/2/3/2021-11-17), and
- (b) are relevant to the product’s impact on the natural environment.
@@ -7848,13 +7850,13 @@
- (a) consult such persons as the authority considers appropriate, and
- (b) where sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/3/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/4/enacted) applies, publish for the purposes of the consultation—
- (b) where sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/3/2021-11-17) or [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/4/2021-11-17) applies, publish for the purposes of the consultation—
- (i) the authority’s assessment of the matters it must be satisfied of, and
- (ii) a draft of the regulations.
- (2) The requirements in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/1/enacted) may be met by consultation carried out, and assessments and draft regulations published, before this paragraph comes into force.
- (2) The requirements in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/1/2021-11-17) may be met by consultation carried out, and assessments and draft regulations published, before this paragraph comes into force.
- (3) Before making regulations under this Part of this Schedule in relation to a new product, the relevant national authority must be satisfied that—
@@ -7872,7 +7874,7 @@
- (b) specify additional persons who must meet resource efficiency requirements in relation to a product,
the relevant national authority must be satisfied of the matters in sub-paragraph [(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/3/b/enacted) to [(d)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/3/d/enacted).
the relevant national authority must be satisfied of the matters in sub-paragraph [(3)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/3/b/2021-11-17) to [(d)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/5/3/d/2021-11-17).
- (5) A “*new product*” means a product in relation to which there are no existing regulations made by the relevant national authority under this Part of this Schedule.
@@ -8000,7 +8002,7 @@
- (1) Before making Part 2 regulations the relevant national authority must consult any persons the authority considers appropriate.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/14/1/enacted) may be met by consultation carried out before this paragraph comes into force.
- (2) The requirement in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/7/paragraph/14/1/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
## SCHEDULE 8
@@ -8032,7 +8034,7 @@
- (a) as a scheme supplier if the person is a supplier or producer of deposit items;
- (b) as a scheme collector if the person is a supplier or producer of deposit items or is a scheme administrator (see paragraph [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/enacted)).
- (b) as a scheme collector if the person is a supplier or producer of deposit items or is a scheme administrator (see paragraph [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/2021-11-17)).
- (6) A deposit scheme may provide that the amount of the deposit or refund in respect of a deposit item is—
@@ -8108,19 +8110,19 @@
- (2) A deposit scheme may confer functions (including functions involving the exercise of discretion) on a scheme administrator, including—
- (a) any requirement that could be imposed on a scheme collector by virtue of paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/enacted)[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/a/enacted) to [(e)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/e/enacted);
- (a) any requirement that could be imposed on a scheme collector by virtue of paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/2021-11-17)[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/a/2021-11-17) to [(e)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/e/2021-11-17);
- (b) functions relating to the registration of scheme suppliers and scheme collectors;
- (c) a power to charge fees for registration (the amounts of which may be such as to recover the costs referred to in paragraphs [(d)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/2/d/enacted) and [(e)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/2/e/enacted));
- (c) a power to charge fees for registration (the amounts of which may be such as to recover the costs referred to in paragraphs [(d)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/2/d/2021-11-17) and [(e)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/2/e/2021-11-17));
- (d) a power to use such fees to meet the costs of exercising its functions under, or in connection with, the scheme;
- (e) requirements to pay such fees to persons exercising functions conferred by virtue of paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/5/enacted) for the purpose of meeting the costs of the exercise of those functions;
- (f) a power to give general or specific directions to scheme suppliers and scheme collectors as to the matters mentioned in paragraphs [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/2/1/enacted) and [3(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/enacted);
- (g) a power to make payments to scheme collectors to reimburse them in respect of the payment of refunds or payments made by virtue of a requirement under paragraph [3(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/a/enacted), [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/b/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/c/enacted);
- (e) requirements to pay such fees to persons exercising functions conferred by virtue of paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/5/2021-11-17) for the purpose of meeting the costs of the exercise of those functions;
- (f) a power to give general or specific directions to scheme suppliers and scheme collectors as to the matters mentioned in paragraphs [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/2/1/2021-11-17) and [3(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/2021-11-17);
- (g) a power to make payments to scheme collectors to reimburse them in respect of the payment of refunds or payments made by virtue of a requirement under paragraph [3(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/a/2021-11-17), [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/b/2021-11-17) or [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/3/1/c/2021-11-17);
- (h) a power to make payments to another scheme administrator of the deposit scheme;
@@ -8158,7 +8160,7 @@
- (1) The relevant national authority may by regulations make provision about the enforcement of requirements under deposit schemes.
- (2) The provision that may be made under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/1/enacted) includes provision—
- (2) The provision that may be made under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/1/2021-11-17) includes provision—
- (a) conferring functions (including functions involving the exercise of discretion) in connection with the enforcement of requirements under deposit schemes on specified persons (which may include scheme administrators);
@@ -8176,7 +8178,7 @@
- (3) For the purposes of this paragraph “*civil sanction*” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
- (4) Regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/1/enacted) may include provision for the imposition of sanctions of that kind whether or not—
- (4) Regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/1/2021-11-17) may include provision for the imposition of sanctions of that kind whether or not—
- (a) the conduct in respect of which the sanction is imposed constitutes an offence,
@@ -8186,9 +8188,9 @@
- (5) In this paragraph—
- “*relevant requirement*” means any requirement imposed by or under a deposit scheme or regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/1/enacted);
- “*specified*” means specified in, or determined in accordance with, regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/1/enacted).
- “*relevant requirement*” means any requirement imposed by or under a deposit scheme or regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/1/2021-11-17);
- “*specified*” means specified in, or determined in accordance with, regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/4/1/2021-11-17).
#### Interpretation
@@ -8196,17 +8198,17 @@
In this Schedule—
- “*deposit*” has the meaning it has in paragraph [1(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/2/a/enacted);
- “*deposit item*” has the meaning it has in paragraph [1(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/3/enacted);
- “*deposit scheme*” has the meaning it has in paragraph [1(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/2/enacted);
- “*refund*” has the meaning it has in paragraph [1(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/2/b/enacted);
- “*deposit*” has the meaning it has in paragraph [1(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/2/a/2021-11-17);
- “*deposit item*” has the meaning it has in paragraph [1(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/3/2021-11-17);
- “*deposit scheme*” has the meaning it has in paragraph [1(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/2/2021-11-17);
- “*refund*” has the meaning it has in paragraph [1(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/2/b/2021-11-17);
- “*scheme administrator*”, in relation to a deposit scheme, means a person appointed as a scheme administrator of the scheme;
- “scheme supplier” or “*scheme collector*” means a person specified as such (see paragraph [1(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/5/enacted));
- “scheme supplier” or “*scheme collector*” means a person specified as such (see paragraph [1(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/8/paragraph/1/5/2021-11-17));
- “*Scottish deposit administrator*” means a person exercising the functions of a scheme administrator in relation to a Scottish deposit and return scheme;
@@ -8362,7 +8364,7 @@
- (b) question a seller or officers or employees of a seller.
- (3) Regulation under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/9/paragraph/8/2/enacted) must contain provision for ensuring that the power in question is exercised by a person only where the person reasonably believes there has been a failure to comply with a requirement of regulations under this Schedule.
- (3) Regulation under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/9/paragraph/8/2/2021-11-17) must contain provision for ensuring that the power in question is exercised by a person only where the person reasonably believes there has been a failure to comply with a requirement of regulations under this Schedule.
#### Civil sanctions
@@ -8435,7 +8437,7 @@
- (8) In subsection (8), before the definition of “specified” insert—
> - “*appropriate Minister*” means— the Secretary of State, in relation to waste being kept on land in England, and the Welsh Ministers, in relation to waste being kept on land in Wales;
> - “*appropriate Minister*” means—the Secretary of State, in relation to waste being kept on land in England, andthe Welsh Ministers, in relation to waste being kept on land in Wales;
> - “*registered waste carrier*” means a person registered under the Control of Pollution (Amendment) Act 1989 as a carrier of controlled waste;
.
@@ -9174,7 +9176,7 @@
##### 26
Where a local authority in England has made a smoke control order under section 18 of the Clean Air Act 1993, any limitations or exemptions from the operation of section 20 of that Act (prohibition of emissions of smoke) made by that order under section 18(2)(b) or (c) of that Act that apply immediately before the commencement of Parts 1 and 3 of this Schedule continue to apply as if they were limitations or exemptions from the operation of Schedule 1A to that Act (penalty for emission of smoke), as inserted by paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/12/paragraph/3/enacted) of this Schedule.
Where a local authority in England has made a smoke control order under section 18 of the Clean Air Act 1993, any limitations or exemptions from the operation of section 20 of that Act (prohibition of emissions of smoke) made by that order under section 18(2)(b) or (c) of that Act that apply immediately before the commencement of Parts 1 and 3 of this Schedule continue to apply as if they were limitations or exemptions from the operation of Schedule 1A to that Act (penalty for emission of smoke), as inserted by paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/12/paragraph/3/2021-11-17) of this Schedule.
## SCHEDULE 13
@@ -9672,13 +9674,13 @@
- (4) “*Forest*” means an area of land of more than 0.5 hectares with a tree canopy cover of at least 10% (excluding trees planted for the purpose of producing timber or other commodities).
- (5) In sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/4/enacted) the reference to land includes land that is wholly or partly submerged in water (whether temporarily or permanently).
- (5) In sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/4/2021-11-17) the reference to land includes land that is wholly or partly submerged in water (whether temporarily or permanently).
- (6) The regulations may not specify timber or timber products, within the meaning of [Regulation (EU) No. 995/2010](https://www.legislation.gov.uk/european/regulation/2010/0995) of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market.
- (7) Before making regulations under this paragraph the Secretary of State must consult such persons as the Secretary of State considers appropriate.
- (8) The requirement to consult in sub-paragraph [(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/7/enacted) may be met by consultation carried out before this paragraph comes into force.
- (8) The requirement to consult in sub-paragraph [(7)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/7/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
#### Prohibition on using illegally produced commodities
@@ -9702,7 +9704,7 @@
- (6) The “*source organism*” means the plant, animal or other living organism from which the forest risk commodity was produced.
- (7) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/1/enacted) does not apply to the use of a forest risk commodity where—
- (7) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/1/2021-11-17) does not apply to the use of a forest risk commodity where—
- (a) the commodity is waste (within the meaning of article 2(1) of the Renewable Transport Fuel Obligations Order 2007 ([S.I. 2007/3072](https://www.legislation.gov.uk/uksi/2007/3072))), and
@@ -9712,7 +9714,7 @@
- (ii) in respect of which an additional RTF certificate may be issued under article 17A(4) of that Order.
- (8) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/2/enacted) does not apply to the use of a product derived from a forest risk commodity where—
- (8) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/2/2021-11-17) does not apply to the use of a product derived from a forest risk commodity where—
- (a) the commodity is waste (within the meaning of article 2(1) of the Renewable Transport Fuel Obligations Order 2007 ([S.I. 2007/3072](https://www.legislation.gov.uk/uksi/2007/3072))), and
@@ -9736,7 +9738,7 @@
- (c) mitigating that risk.
- (3) The Secretary of State may by regulations make further provision about the matters in sub-paragraph [(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/2/a/enacted) to [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/2/c/enacted), including in particular—
- (3) The Secretary of State may by regulations make further provision about the matters in sub-paragraph [(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/2/a/2021-11-17) to [(c)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/2/c/2021-11-17), including in particular—
- (a) the information that should be obtained;
@@ -9748,7 +9750,7 @@
##### 4
- (1) A regulated person in relation to a forest risk commodity who uses that commodity or a product derived from that commodity in their UK commercial activities must, for each reporting period, provide the relevant authority with a report on the actions taken by the person to establish and implement a due diligence system in relation to that commodity as required by paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/enacted).
- (1) A regulated person in relation to a forest risk commodity who uses that commodity or a product derived from that commodity in their UK commercial activities must, for each reporting period, provide the relevant authority with a report on the actions taken by the person to establish and implement a due diligence system in relation to that commodity as required by paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/2021-11-17).
- (2) The report must be provided no later than 6 months after the end of the reporting period to which it relates.
@@ -9786,9 +9788,9 @@
- (3) Condition 2 is that the amount of the commodity used in the person’s UK commercial activities during the period does not exceed the prescribed threshold.
- (4) Sub-paragraphs [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/enacted) and [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/6/enacted) apply where—
- (a) a regulated person gives a notice under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2/enacted), but
- (4) Sub-paragraphs [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/2021-11-17) and [(6)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/6/2021-11-17) apply where—
- (a) a regulated person gives a notice under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2/2021-11-17), but
- (b) the amount of the commodity used in the person’s UK commercial activities during the period exceeds the prescribed threshold.
@@ -9798,7 +9800,7 @@
- (b) ending with the date the notice is given.
- (6) If the regulated person does not give a notice under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/enacted), the person is not exempt from the Part 1 requirements in respect of their use of the commodity, or the product derived from the commodity, in their UK commercial activities during any part of the reporting period.
- (6) If the regulated person does not give a notice under sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/2021-11-17), the person is not exempt from the Part 1 requirements in respect of their use of the commodity, or the product derived from the commodity, in their UK commercial activities during any part of the reporting period.
- (7) In this paragraph—
@@ -9806,7 +9808,7 @@
- “*relevant date*” means the date during the reporting period that the amount of the commodity used in the person’s UK commercial activities exceeds the prescribed threshold;
- “*relevant enforcement authority*” means the enforcement authority on which the function of receiving notices under this paragraph has been conferred by Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations.
- “*relevant enforcement authority*” means the enforcement authority on which the function of receiving notices under this paragraph has been conferred by Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations.
- (8) Regulations under this paragraph may in particular—
@@ -9814,11 +9816,11 @@
- (b) make provision about how the amount of a forest risk commodity used in a regulated person’s UK commercial activities (including in relation to a forest risk commodity from which a product is derived) is to be determined,
and regulations under paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/8/b/enacted) may include provision for determining the amount by reference to matters determined or published by the Secretary of State or other persons.
- (9) Before making regulations under this paragraph (except under sub-paragraph [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2/b/enacted) or [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/enacted)) the Secretary of State must consult such persons as the Secretary of State considers appropriate.
- (10) The requirement to consult in sub-paragraph [(9)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/9/enacted) may be met by consultation carried out before this paragraph comes into force.
and regulations under paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/8/b/2021-11-17) may include provision for determining the amount by reference to matters determined or published by the Secretary of State or other persons.
- (9) Before making regulations under this paragraph (except under sub-paragraph [(2)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/2/b/2021-11-17) or [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/5/2021-11-17)) the Secretary of State must consult such persons as the Secretary of State considers appropriate.
- (10) The requirement to consult in sub-paragraph [(9)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/5/9/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
#### Guidance
@@ -9826,7 +9828,7 @@
- (1) The Secretary of State may issue guidance to an enforcement authority about the Part 1 requirements.
- (2) An enforcement authority must have regard to guidance issued under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/6/1/enacted) when exercising its functions under Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) of this Schedule.
- (2) An enforcement authority must have regard to guidance issued under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/6/1/2021-11-17) when exercising its functions under Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) of this Schedule.
#### Meaning of “regulated person”
@@ -9838,11 +9840,11 @@
- (b) is an undertaking which is a subsidiary of another undertaking which meets those conditions.
- (2) Regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/1/enacted) may make provision about how turnover is to be determined.
- (3) Before making regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/1/enacted) the Secretary of State must consult such persons as the Secretary of State considers appropriate.
- (4) The requirement to consult in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/3/enacted) may be met by consultation carried out before this paragraph comes into force.
- (2) Regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/1/2021-11-17) may make provision about how turnover is to be determined.
- (3) Before making regulations under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/1/2021-11-17) the Secretary of State must consult such persons as the Secretary of State considers appropriate.
- (4) The requirement to consult in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/3/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
- (5) The Secretary of State may by regulations make provision for the Part 1 requirements not to apply, or to apply with modifications, in relation to a person who becomes a regulated person for such transitional period, after they become a regulated person, as may be specified in the regulations.
@@ -9862,21 +9864,21 @@
##### 8
The Secretary of State may by regulations (“Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations”) make provision about the enforcement of requirements imposed by or under Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) of this Schedule (“Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements”).
The Secretary of State may by regulations (“Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations”) make provision about the enforcement of requirements imposed by or under Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) of this Schedule (“Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements”).
#### Powers to confer functions
##### 9
- (1) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “*enforcement authority*” for the purposes of this Schedule).
- (2) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision—
- (1) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “*enforcement authority*” for the purposes of this Schedule).
- (2) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision—
- (a) conferring functions involving the exercise of discretion;
- (b) for the functions of an enforcement authority to be exercised on its behalf by persons authorised in accordance with the regulations.
- (3) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision requiring an enforcement authority—
- (3) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision requiring an enforcement authority—
- (a) to issue guidance about the exercise of its functions;
@@ -9886,17 +9888,17 @@
##### 10
Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision conferring on an enforcement authority the function of monitoring compliance with Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements.
Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision conferring on an enforcement authority the function of monitoring compliance with Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements.
#### Records and information
##### 11
Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision—
- (a) requiring persons on whom Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements are imposed to keep records;
- (b) requiring persons on whom Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements are imposed to provide records or other information to an enforcement authority;
Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision—
- (a) requiring persons on whom Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements are imposed to keep records;
- (b) requiring persons on whom Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements are imposed to provide records or other information to an enforcement authority;
- (c) requiring an enforcement authority to make reports or provide information to the Secretary of State.
@@ -9904,15 +9906,15 @@
##### 12
- (1) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.
- (2) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision—
- (1) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision conferring on an enforcement authority powers of entry, inspection, examination, search and seizure.
- (2) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision—
- (a) for powers to be exercisable only under the authority of a warrant issued by a justice of the peace, sheriff, summary sheriff or lay magistrate;
- (b) about applications for, and the execution of, warrants.
- (3) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—
- (3) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations must secure that the authority of a warrant is required for the exercise of any powers conferred by the regulations to—
- (a) enter premises by force;
@@ -9924,29 +9926,29 @@
##### 13
- (1) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision—
- (1) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision—
- (a) for, about or connected with the imposition of civil sanctions in respect of—
- (i) failures to comply with Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements or Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations, or
- (i) failures to comply with Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements or Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations, or
- (ii) the obstruction of or failure to assist an enforcement authority;
- (b) for appeals against such sanctions.
- (2) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations must include provision to ensure that in a case where—
- (a) a regulated person fails to comply with a requirement in paragraph [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/2/enacted) in relation to their use of a forest risk commodity or a product derived from a forest risk commodity, but
- (2) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations must include provision to ensure that in a case where—
- (a) a regulated person fails to comply with a requirement in paragraph [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/1/2021-11-17) or [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/2/2021-11-17) in relation to their use of a forest risk commodity or a product derived from a forest risk commodity, but
- (b) an enforcement authority is satisfied that the regulated person took all reasonable steps to implement a due diligence system in relation to the commodity used by the person in that particular case,
a civil sanction may not be imposed on the regulated person in respect of the failure to comply.
- (3) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision—
- (3) Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision—
- (a) creating criminal offences punishable with a fine in respect of—
- (i) failures to comply with civil sanctions imposed under Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations, or
- (i) failures to comply with civil sanctions imposed under Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations, or
- (ii) the obstruction of or failure to assist an enforcement authority;
@@ -9956,7 +9958,7 @@
##### 14
Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision for the imposition of sanctions of that kind whether or not—
Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision for the imposition of sanctions of that kind whether or not—
- (a) the conduct in respect of which the sanction is imposed constitutes an offence, or
@@ -9966,19 +9968,19 @@
##### 15
Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations may include provision—
- (a) requiring persons on whom Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements are imposed to pay to an enforcement authority charges, as a means of recovering costs incurred by that enforcement authority in performing its functions;
- (b) authorising a court or tribunal dealing with any matter relating to Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements or Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations to award to an enforcement authority costs incurred by it in performing its functions in relation to that matter.
Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations may include provision—
- (a) requiring persons on whom Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements are imposed to pay to an enforcement authority charges, as a means of recovering costs incurred by that enforcement authority in performing its functions;
- (b) authorising a court or tribunal dealing with any matter relating to Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements or Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations to award to an enforcement authority costs incurred by it in performing its functions in relation to that matter.
#### Consultation requirement
##### 16
- (1) Before making Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations the Secretary of State must consult any persons the Secretary of State considers appropriate.
- (2) The requirement to consult in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/16/1/enacted) may be met by consultation carried out before this paragraph comes into force.
- (1) Before making Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations the Secretary of State must consult any persons the Secretary of State considers appropriate.
- (2) The requirement to consult in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/16/1/2021-11-17) may be met by consultation carried out before this paragraph comes into force.
## PART 3 — General provisions
@@ -9986,7 +9988,7 @@
##### 17
- (1) The Secretary of State must review the effectiveness of the Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements and any Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations (“relevant provisions”) in accordance with this paragraph.
- (1) The Secretary of State must review the effectiveness of the Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements and any Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations (“relevant provisions”) in accordance with this paragraph.
- (2) A review must consider in particular—
@@ -10006,9 +10008,9 @@
- (4) The first review must be completed during the period—
- (a) beginning with the second anniversary of the first date on which paragraphs [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/enacted) to [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/4/enacted) are fully in force, and
- (b) ending with the third anniversary of the first date on which paragraphs [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/enacted) to [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/4/enacted) are fully in force.
- (a) beginning with the second anniversary of the first date on which paragraphs [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/2021-11-17) to [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/4/2021-11-17) are fully in force, and
- (b) ending with the third anniversary of the first date on which paragraphs [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/2021-11-17) to [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/4/2021-11-17) are fully in force.
- (5) Subsequent reviews must be completed before the end of the 2 year period beginning with the day on which the previous review was completed.
@@ -10024,25 +10026,25 @@
- “*commercial activity*” includes— producing, manufacturing and processing; distributing, selling, or supplying; purchasing for a purpose within paragraph (a) or (b) (but not purchasing as a consumer);
- “*due diligence system*”, in relation to a forest risk commodity, has the meaning given by paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/enacted);
- “*enforcement authority*” has the meaning given by paragraph [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/9/enacted);
- “*forest*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/enacted);
- “*forest risk commodity*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/enacted);
- “*local law*”, in relation to a forest risk commodity, has the meaning given by paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/enacted);
- “Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/enacted) requirements” has the meaning given by paragraph [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/8/enacted);
- “Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/enacted) regulations” has the meaning given by paragraph [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/8/enacted);
- “*regulated person*”, in relation to a forest risk commodity, has the meaning given by paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/enacted);
- “*relevant local law*”, in relation to a forest risk commodity, has the meaning given by paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/enacted);
- “*reporting period*” has the meaning given by paragraph [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/4/enacted);
- “*due diligence system*”, in relation to a forest risk commodity, has the meaning given by paragraph [3](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/3/2021-11-17);
- “*enforcement authority*” has the meaning given by paragraph [9](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/9/2021-11-17);
- “*forest*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/2021-11-17);
- “*forest risk commodity*” has the meaning given by paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/1/2021-11-17);
- “*local law*”, in relation to a forest risk commodity, has the meaning given by paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/2021-11-17);
- “Part [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/1/2021-11-17) requirements” has the meaning given by paragraph [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/8/2021-11-17);
- “Part [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/part/2/2021-11-17) regulations” has the meaning given by paragraph [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/8/2021-11-17);
- “*regulated person*”, in relation to a forest risk commodity, has the meaning given by paragraph [7](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/7/2021-11-17);
- “*relevant local law*”, in relation to a forest risk commodity, has the meaning given by paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/2/2021-11-17);
- “*reporting period*” has the meaning given by paragraph [4](https://www.legislation.gov.uk/ukpga/2021/30/schedule/17/paragraph/4/2021-11-17);
- “*UK commercial activity*” means commercial activity carried on in the United Kingdom.
@@ -10058,21 +10060,21 @@
- (1) The Upper Tribunal may, on the application of a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of being the holder of an estate in land, by order discharge the obligation in respect of any of the land to which it relates.
- (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/enacted) the responsible body under the covenant.
- (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/2021-11-17) the responsible body under the covenant.
##### 2
- (1) The Upper Tribunal may, on the application of the responsible body under a conservation covenant, by order discharge an obligation under the covenant in respect of any of the land to which it relates.
- (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/enacted) any person who, by virtue of being the holder of an estate in land, is bound by, or entitled to the benefit of, the obligation to which the application relates.
- (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/2021-11-17) any person who, by virtue of being the holder of an estate in land, is bound by, or entitled to the benefit of, the obligation to which the application relates.
#### Deciding whether to discharge
##### 3
- (1) The Upper Tribunal may exercise its power under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/enacted) or [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/2/1/enacted) if it considers it reasonable to do so in all the circumstances of the case.
- (2) In considering whether to exercise its power under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/enacted) or [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/2/1/enacted), the matters to which the Upper Tribunal is to have regard include—
- (1) The Upper Tribunal may exercise its power under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/2021-11-17) or [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/2/1/2021-11-17) if it considers it reasonable to do so in all the circumstances of the case.
- (2) In considering whether to exercise its power under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/2021-11-17) or [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/2/1/2021-11-17), the matters to which the Upper Tribunal is to have regard include—
- (a) whether there has been any material change of circumstance since the making of the original agreement, in particular—
@@ -10094,11 +10096,11 @@
- (c) whether the obligation serves the public good.
- (3) In considering whether to exercise its power under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/enacted), the matters to which the Upper Tribunal is to have regard also include—
- (3) In considering whether to exercise its power under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/2021-11-17), the matters to which the Upper Tribunal is to have regard also include—
- (a) whether any conservation purpose which the obligation in question had when the original agreement was entered into could be served equally well by an obligation relating to different land in respect of which the applicant holds a qualifying estate; and
- (b) whether, if an order under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/enacted) were made, such an alternative obligation could be created by means of a conservation covenant.
- (b) whether, if an order under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/2021-11-17) were made, such an alternative obligation could be created by means of a conservation covenant.
- (4) In considering, for the purposes of this paragraph, affordability or practicability in relation to performance of an obligation, change in the personal circumstances of a person bound by the obligation is to be disregarded.
@@ -10108,15 +10110,15 @@
##### 4
- (1) The Upper Tribunal may include in an order under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/enacted) or [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/2/1/enacted) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.
- (2) Compensation under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/4/1/enacted) shall be payable to such person at such time and be of such amount as the order may provide.
- (1) The Upper Tribunal may include in an order under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/2021-11-17) or [2(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/2/1/2021-11-17) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.
- (2) Compensation under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/4/1/2021-11-17) shall be payable to such person at such time and be of such amount as the order may provide.
##### 5
- (1) The Upper Tribunal may, if it considers it reasonable to do so in connection with the discharge under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/enacted) of an obligation under a conservation covenant, include in the order discharging the obligation provision making the discharge conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.
- (2) The power under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/5/1/enacted) is exercisable only with the consent of the applicant and the responsible body.
- (1) The Upper Tribunal may, if it considers it reasonable to do so in connection with the discharge under paragraph [1(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/1/1/2021-11-17) of an obligation under a conservation covenant, include in the order discharging the obligation provision making the discharge conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.
- (2) The power under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/5/1/2021-11-17) is exercisable only with the consent of the applicant and the responsible body.
## PART 2 — Modification by Upper Tribunal
@@ -10126,25 +10128,25 @@
- (1) The Upper Tribunal may, on the application of a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of being the holder of an estate in land, by order modify the obligation in respect of any of the land to which it relates.
- (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/enacted) the responsible body under the covenant.
- (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/2021-11-17) the responsible body under the covenant.
##### 7
- (1) The Upper Tribunal may, on the application of the responsible body under a conservation covenant, by order modify an obligation under the covenant in respect of any of the land to which it relates.
- (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/enacted) any person who, by virtue of being the holder of an estate in land, is bound by, or entitled to the benefit of, the obligation to which the application relates.
- (2) The Upper Tribunal must add as party to the proceedings on an application under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/2021-11-17) any person who, by virtue of being the holder of an estate in land, is bound by, or entitled to the benefit of, the obligation to which the application relates.
##### 8
The power under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/enacted) or [7(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/enacted) does not include power to make a change to an obligation which, had it been included in the original agreement, would have prevented the provision of the agreement which gave rise to the obligation being provision in relation to which the conditions in section 117[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/enacted) were met.
The power under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/2021-11-17) or [7(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/2021-11-17) does not include power to make a change to an obligation which, had it been included in the original agreement, would have prevented the provision of the agreement which gave rise to the obligation being provision in relation to which the conditions in section 117[(1)(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/117/1/a/2021-11-17) were met.
#### Deciding whether to modify
##### 9
- (1) The Upper Tribunal may exercise its power under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/enacted) or [7(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/enacted) if it considers it reasonable to do so in all the circumstances of the case.
- (2) In considering whether to exercise its power under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/enacted) or [7(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/enacted), the matters to which the Upper Tribunal is to have regard include—
- (1) The Upper Tribunal may exercise its power under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/2021-11-17) or [7(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/2021-11-17) if it considers it reasonable to do so in all the circumstances of the case.
- (2) In considering whether to exercise its power under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/2021-11-17) or [7(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/2021-11-17), the matters to which the Upper Tribunal is to have regard include—
- (a) whether there has been any material change of circumstance since the making of the original agreement, in particular—
@@ -10172,15 +10174,15 @@
##### 10
- (1) The Upper Tribunal may include in an order under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/enacted) or [7(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/enacted) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.
- (2) Compensation under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/10/1/enacted) shall be payable to such person at such time and be of such amount as the order may provide.
- (1) The Upper Tribunal may include in an order under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/2021-11-17) or [7(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/1/2021-11-17) provision requiring the applicant to pay compensation in respect of loss of benefit resulting from the order.
- (2) Compensation under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/10/1/2021-11-17) shall be payable to such person at such time and be of such amount as the order may provide.
##### 11
- (1) The Upper Tribunal may, if it considers it reasonable to do so in connection with the modification under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/enacted) of an obligation under a conservation covenant, include in the order modifying the obligation provision making the modification conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.
- (2) The power under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/11/1/enacted) is exercisable only with the consent of the applicant and the responsible body.
- (1) The Upper Tribunal may, if it considers it reasonable to do so in connection with the modification under paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/2021-11-17) of an obligation under a conservation covenant, include in the order modifying the obligation provision making the modification conditional on the entry by the applicant and the responsible body under the covenant into a conservation covenant agreement containing such provision as the order may specify.
- (2) The power under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/11/1/2021-11-17) is exercisable only with the consent of the applicant and the responsible body.
#### Effect of modification
@@ -10192,7 +10194,7 @@
- (b) any person who, as respects any of the land to which the modification relates, becomes a successor of a person bound by the modification.
- (2) For the purposes of sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/1/enacted) “*successor of a person bound by the modification*” means a person who holds, in respect of any of the land to which the modification relates—
- (2) For the purposes of sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/1/2021-11-17) “*successor of a person bound by the modification*” means a person who holds, in respect of any of the land to which the modification relates—
- (a) the estate held by the person so bound when the order modifying the obligation was made, or
@@ -10285,7 +10287,7 @@
- (b) the new estate is to be regarded for those purposes as immediately derived from the determined estate.
- (6) In this paragraph and paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/5/enacted) “*the Crown*” means Her Majesty in right of the Crown or of the Duchy of Lancaster, or the Duchy of Cornwall, as the case may be.
- (6) In this paragraph and paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/5/2021-11-17) “*the Crown*” means Her Majesty in right of the Crown or of the Duchy of Lancaster, or the Duchy of Cornwall, as the case may be.
#### Bona vacantia
@@ -10303,13 +10305,13 @@
- (1) If Crown land which is a qualifying estate is held by a person other than the appropriate authority, the appropriate authority may, as respects that qualifying estate, enter into a conservation covenant agreement, in place of the holder of the estate.
- (2) An authority that enters into such an agreement by virtue of sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/6/1/enacted) is to be treated for the purposes of section 117 as the holder of the qualifying estate (instead of the person in whose place the authority is acting).
- (2) An authority that enters into such an agreement by virtue of sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/6/1/2021-11-17) is to be treated for the purposes of section 117 as the holder of the qualifying estate (instead of the person in whose place the authority is acting).
#### Modification of Part 7 in relation to obligations under certain Crown conservation covenants
##### 7
- (1) Paragraphs [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/8/enacted) to [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/12/enacted) modify Part 7 in its application to obligations under a conservation covenant created by an agreement entered into by virtue of paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/6/1/enacted).
- (1) Paragraphs [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/8/2021-11-17) to [12](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/12/2021-11-17) modify Part 7 in its application to obligations under a conservation covenant created by an agreement entered into by virtue of paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/6/1/2021-11-17).
- (2) In those paragraphs, in relation to an obligation under the conservation covenant—
@@ -10323,7 +10325,7 @@
##### 9
- (1) Section 122 has effect with the following modifications in its application to an obligation mentioned in paragraph [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/8/enacted).
- (1) Section 122 has effect with the following modifications in its application to an obligation mentioned in paragraph [8](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/8/2021-11-17).
- (2) In subsection (2)—
@@ -10347,13 +10349,13 @@
- (1) Section 123 has effect with the following modifications in its application to an obligation of the responsible body under the conservation covenant.
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/enacted)—
- (a) in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/a/enacted), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority, and
- (b) in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/b/enacted), the reference to the landowner under the covenant is to be read as a reference to the original landowner.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/2/enacted) the reference to the landowner under the covenant is to be read as a reference to the original landowner.
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/2021-11-17)—
- (a) in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/a/2021-11-17), the reference to the landowner under the covenant is to be read as a reference to the appropriate authority, and
- (b) in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/b/2021-11-17), the reference to the landowner under the covenant is to be read as a reference to the original landowner.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/2/2021-11-17) the reference to the landowner under the covenant is to be read as a reference to the original landowner.
- (4) In subsection (3)—
@@ -10365,17 +10367,17 @@
##### 11
In section 129[(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/4/b/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/5/enacted) the references to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the original landowner.
In section 129[(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/4/b/2021-11-17) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/5/2021-11-17) the references to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the original landowner.
##### 12
In Schedule 18—
- (a) the references in paragraphs 1(1) and [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/enacted) to a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of holding an estate in land are to be read as references to the appropriate authority;
- (b) the references in paragraphs 2(2) and [7(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/2/enacted) to any person who by virtue of holding an estate in land is bound by or entitled to the benefit of an obligation are to be read as references to the appropriate authority;
- (c) the references in paragraph [12(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/1/b/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/2/enacted) to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the original landowner.
- (a) the references in paragraphs 1(1) and [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/2021-11-17) to a person bound by, or entitled to the benefit of, an obligation under a conservation covenant by virtue of holding an estate in land are to be read as references to the appropriate authority;
- (b) the references in paragraphs 2(2) and [7(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/2/2021-11-17) to any person who by virtue of holding an estate in land is bound by or entitled to the benefit of an obligation are to be read as references to the appropriate authority;
- (c) the references in paragraph [12(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/1/b/2021-11-17) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/2/2021-11-17) to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the original landowner.
## PART 3 — Other modifications of Part 7
@@ -10383,9 +10385,9 @@
##### 13
- (1) Paragraphs [14](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/14/enacted) to [17](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/17/enacted) apply where the estate in land by virtue of which a person is a successor of the landowner under a conservation covenant is held by or on behalf of the Crown by a person other than the appropriate authority.
- (2) In sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/13/1/enacted) “*successor*” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which any obligation under the covenant relates—
- (1) Paragraphs [14](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/14/2021-11-17) to [17](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/17/2021-11-17) apply where the estate in land by virtue of which a person is a successor of the landowner under a conservation covenant is held by or on behalf of the Crown by a person other than the appropriate authority.
- (2) In sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/13/1/2021-11-17) “*successor*” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which any obligation under the covenant relates—
- (a) the qualifying estate, or
@@ -10395,7 +10397,7 @@
In section 122—
- (a) subsections (2)(b), (3) and [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/4/enacted) have effect as if the estate in land were held by the appropriate authority, and
- (a) subsections (2)(b), (3) and [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/122/4/2021-11-17) have effect as if the estate in land were held by the appropriate authority, and
- (b) subsection (5)(c) has effect, in relation to a disposal of the estate in land, as if the successor’s immediate predecessor were the appropriate authority.
@@ -10403,25 +10405,25 @@
In section 123—
- (a) subsections [(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/b/enacted), [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/2/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/4/enacted) have effect as if the estate in land were held by the appropriate authority, and
- (b) subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/4/enacted) has effect as if the reference to the successor were a reference to the appropriate authority.
- (a) subsections [(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/1/b/2021-11-17), [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/2/2021-11-17) and [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/4/2021-11-17) have effect as if the estate in land were held by the appropriate authority, and
- (b) subsection [(4)](https://www.legislation.gov.uk/ukpga/2021/30/section/123/4/2021-11-17) has effect as if the reference to the successor were a reference to the appropriate authority.
##### 16
- (1) In section 129[(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/4/b/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/5/enacted) references to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the person in whose place the appropriate authority acts.
- (2) In section 129[(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/4/b/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/5/enacted) references to a successor of a person bound by the modification (where the person bound is not the appropriate authority) are to be read as if the estate in any of the land to which the modification relates which is held by the person in whose place the appropriate authority acts were held by the appropriate authority.
- (1) In section 129[(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/4/b/2021-11-17) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/5/2021-11-17) references to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the person in whose place the appropriate authority acts.
- (2) In section 129[(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/4/b/2021-11-17) and [(5)](https://www.legislation.gov.uk/ukpga/2021/30/section/129/5/2021-11-17) references to a successor of a person bound by the modification (where the person bound is not the appropriate authority) are to be read as if the estate in any of the land to which the modification relates which is held by the person in whose place the appropriate authority acts were held by the appropriate authority.
##### 17
In Schedule 18—
- (a) the reference in paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/enacted) to a person bound by an obligation under a conservation covenant by virtue of holding an estate in land is to be read as a reference to the appropriate authority;
- (b) the reference in paragraph [7(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/2/enacted) to any person who is bound by or entitled to the benefit of an obligation by virtue of holding an estate in land is to be read as a reference to the appropriate authority;
- (c) the references in paragraph [12(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/1/b/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/2/enacted) to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the person in whose place the appropriate authority is acting.
- (a) the reference in paragraph [6(1)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/6/1/2021-11-17) to a person bound by an obligation under a conservation covenant by virtue of holding an estate in land is to be read as a reference to the appropriate authority;
- (b) the reference in paragraph [7(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/7/2/2021-11-17) to any person who is bound by or entitled to the benefit of an obligation by virtue of holding an estate in land is to be read as a reference to the appropriate authority;
- (c) the references in paragraph [12(1)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/1/b/2021-11-17) and [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/18/paragraph/12/2/2021-11-17) to a successor of a person bound by the modification (where the person bound is the appropriate authority) are to be read as references to a successor of the person in whose place the appropriate authority is acting.
#### Agreements under section 127(1) and (3)
@@ -10429,7 +10431,7 @@
- (1) This paragraph applies where, in respect of any of the land to which an obligation of the landowner under a conservation covenant relates, the qualifying estate is held by or on behalf of the Crown by a person other than the appropriate authority.
- (2) The appropriate authority may enter into an agreement under section 127(1) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/127/3/enacted) in place of the holder of that estate.
- (2) The appropriate authority may enter into an agreement under section 127(1) or [(3)](https://www.legislation.gov.uk/ukpga/2021/30/section/127/3/2021-11-17) in place of the holder of that estate.
- (3) An agreement entered into by virtue of sub-paragraph (2) is to be treated for the purposes of section 127(4)(c) as entered into by virtue of the estate in land held by the person in whose place the appropriate authority enters into the agreement.
@@ -10437,21 +10439,21 @@
##### 19
- (1) This paragraph applies if the responsible body under a conservation covenant enters into an agreement under section 128(1) in relation to an obligation which it owes to the other party to the agreement by virtue of paragraph [10(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/10/2/a/enacted) or [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/enacted).
- (2) If the other party is entitled to the benefit of the obligation by virtue of paragraph [10(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/10/2/a/enacted), the reference in section 128(2)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land held by the person in whose place the other party acted in entering into the agreement which gave rise to the obligation.
- (3) If the other party is entitled to the benefit of the obligation by virtue of paragraph [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/enacted), the reference in section 128(2)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land which the other party is treated by paragraph [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/enacted) as holding.
- (1) This paragraph applies if the responsible body under a conservation covenant enters into an agreement under section 128(1) in relation to an obligation which it owes to the other party to the agreement by virtue of paragraph [10(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/10/2/a/2021-11-17) or [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/2021-11-17).
- (2) If the other party is entitled to the benefit of the obligation by virtue of paragraph [10(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/10/2/a/2021-11-17), the reference in section 128(2)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land held by the person in whose place the other party acted in entering into the agreement which gave rise to the obligation.
- (3) If the other party is entitled to the benefit of the obligation by virtue of paragraph [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/2021-11-17), the reference in section 128(2)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land which the other party is treated by paragraph [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/2021-11-17) as holding.
#### Agreements under section 129(1)
##### 20
- (1) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/20/2/enacted) applies where a person who—
- (a) is bound by an obligation of the landowner under the covenant by virtue of paragraph [9(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/9/2/a/enacted), or
- (b) is entitled to the benefit of the obligation of the responsible body under a conservation covenant by virtue of paragraph [10(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/10/2/a/enacted),
- (1) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/20/2/2021-11-17) applies where a person who—
- (a) is bound by an obligation of the landowner under the covenant by virtue of paragraph [9(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/9/2/a/2021-11-17), or
- (b) is entitled to the benefit of the obligation of the responsible body under a conservation covenant by virtue of paragraph [10(2)(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/10/2/a/2021-11-17),
exercises the power under section 129(1) to modify the obligation.
@@ -10459,15 +10461,15 @@
##### 21
- (1) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/21/2/enacted) applies where a person who—
- (a) is bound by an obligation of the landowner under a conservation covenant by virtue of paragraph [14(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/14/a/enacted), or
- (b) is entitled to the benefit of an obligation of the responsible body under a conservation covenant by virtue of paragraph [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/enacted),
- (1) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/21/2/2021-11-17) applies where a person who—
- (a) is bound by an obligation of the landowner under a conservation covenant by virtue of paragraph [14(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/14/a/2021-11-17), or
- (b) is entitled to the benefit of an obligation of the responsible body under a conservation covenant by virtue of paragraph [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/2021-11-17),
exercises the power in section 129(1) to modify the obligation.
- (2) The reference in section 129(3)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land which the person is treated by paragraph [14(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/14/a/enacted) or [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/enacted) as holding.
- (2) The reference in section 129(3)(c) to the estate in land by virtue of which the power is exercisable is to be read as a reference to the estate in land which the person is treated by paragraph [14(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/14/a/2021-11-17) or [15(a)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/19/paragraph/15/a/2021-11-17) as holding.
## SCHEDULE 20
@@ -10617,13 +10619,13 @@
- (3) The Secretary of State may not make regulations under this paragraph which amend any protected provision of the REACH Regulation.
- (4) But sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/1/3/enacted) does not prevent any protected provision of the REACH Regulation from being amended by provision made under this paragraph by virtue of section 143(1)(a).
- (4) But sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/1/3/2021-11-17) does not prevent any protected provision of the REACH Regulation from being amended by provision made under this paragraph by virtue of section 143(1)(a).
- (5) Before making regulations under this paragraph, the Secretary of State must publish an explanation of why the Secretary of State considers that the provision to be made by the regulations is consistent with Article 1 of the REACH Regulation.
- (6) The explanation relating to regulations under this paragraph is to be published—
- (a) no later than the time when the Secretary of State begins the consultation on that exercise of the power that is required by paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/5/enacted), and
- (a) no later than the time when the Secretary of State begins the consultation on that exercise of the power that is required by paragraph [5](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/5/2021-11-17), and
- (b) in the manner which the Secretary of State considers appropriate.
@@ -10663,7 +10665,7 @@
- (ii) punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or a fine of more than £100 a day.
- (5) In sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/2/4/enacted)—
- (5) In sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/2/4/2021-11-17)—
- “*applicable maximum for Scotland*” means— level 5 on the standard scale, where the offence is a summary offence; the statutory maximum, where the offence is triable either way;
@@ -10671,7 +10673,7 @@
- “*prescribed term for Scotland*” means— 3 months, where the offence is a summary offence; 12 months, where the offence is triable either way.
- (6) But, in the definition of “prescribed term for England and Wales” in sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/2/5/enacted)—
- (6) But, in the definition of “prescribed term for England and Wales” in sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/2/5/2021-11-17)—
- (a) the reference to 51 weeks is to be read, until the commencement of section 281(5) of the Criminal Justice Act 2003, as a reference to 3 months;
@@ -10715,7 +10717,7 @@
- (2) The nomination of a person as a consultee by a relevant devolved authority is to be made by that authority to the Secretary of State.
- (3) Before making regulations under paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/2/enacted) a relevant devolved authority must consult—
- (3) Before making regulations under paragraph [2](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/2/2021-11-17) a relevant devolved authority must consult—
- (a) the Agency, and
@@ -10725,7 +10727,7 @@
##### 6
In paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/1/enacted) “*protected provision of the REACH Regulation*” means any of the provisions of the REACH Regulation set out in the following Table—
In paragraph [1](https://www.legislation.gov.uk/ukpga/2021/30/schedule/21/paragraph/1/2021-11-17) “*protected provision of the REACH Regulation*” means any of the provisions of the REACH Regulation set out in the following Table—
| ***Fundamental principles*** |
| --- |
@@ -12337,1209 +12339,3 @@
[^key-87271b06212c863d663bc757d89a98ce]: Words in [Sch. 2 para. 3(4)(b)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/2/paragraph/3/4/b) inserted (28.2.2022) by [Environment Act 2021 (c. 30)](https://www.legislation.gov.uk/ukpga/2021/30), [s. 147(6)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/6)[(7)](https://www.legislation.gov.uk/ukpga/2021/30/section/147/7), [Sch. 3 para. 30(2)](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/30/2) (with [s. 144](https://www.legislation.gov.uk/ukpga/2021/30/section/144)); [S.R. 2022/54](https://www.legislation.gov.uk/nisr/2022/54), [art. 2(1)(a)](https://www.legislation.gov.uk/nisr/2022/54/article/2/1/a)
[^key-51f705ceecd63688f32ea9cc8732b68d]: S. 109 in force at 30.9.2022 by [S.I. 2022/518](https://www.legislation.gov.uk/uksi/2022/518), [reg. 3(a)](https://www.legislation.gov.uk/uksi/2022/518/regulation/3/a)
#### The Office for Environmental Protection
#### Guidance on the OEP’s Northern Ireland enforcement policy and functions
##### 25A
- (1) The Department of Agriculture, Environment and Rural Affairs in Northern Ireland may issue guidance to the OEP on the matters listed in section 23(6) (OEP’s enforcement policy), so far as relating to the OEP’s Northern Ireland enforcement functions.
- (2) The OEP must have regard to the guidance in—
- (a) preparing its enforcement policy, so far as relating to its Northern Ireland enforcement functions, and
- (b) exercising its Northern Ireland enforcement functions.
- (3) The OEP’s “Northern Ireland enforcement functions” are its functions under paragraphs [6](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/6/2022-02-28) to [15](https://www.legislation.gov.uk/ukpga/2021/30/schedule/3/paragraph/15/2022-02-28) of Schedule 3.
- (4) Before issuing the guidance, the Department must—
- (a) prepare a draft, and
- (b) lay the draft before the Northern Ireland Assembly.
- (5) If before the end of the 21 day period the Northern Ireland Assembly passes a resolution in respect of the draft guidance, the Department must produce a response and lay it before the Assembly.
- (6) The Department may prepare and lay before the Northern Ireland Assembly the final guidance, but not before—
- (a) if subsection [(5)](#p01011) applies, the day on which the Department lays the response required by that subsection, or
- (b) otherwise, the end of the 21 day period.
- (7) The final guidance has effect when it is laid before the Northern Ireland Assembly.
- (8) The Department must publish the guidance when it comes into effect.
- (9) The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft guidance is laid under subsection [(4)](#p01010).
- (10) “*Sitting day*” means a day on which the Northern Ireland Assembly sits.
- (11) The Department may revise the guidance at any time (and subsections [(4)](#p01010) to [(10)](#p01012) apply in relation to any revised guidance).
#### Monitoring and reporting on environmental improvement plans and targets
#### Monitoring and reporting on environmental law
#### Advising on changes to environmental law etc
#### Failure of public authorities to comply with environmental law
#### Complaints
#### Investigations
#### Duty to keep complainants informed
#### Information notices
#### Decision notices
#### Linked notices
#### Environmental review
#### Judicial review: powers to apply in urgent cases and to intervene
#### Duty of the OEP to involve the relevant Minister
#### Public statements
#### Disclosures to the OEP
#### Confidentiality of proceedings
#### Meaning of “natural environment”
#### Meaning of “environmental protection”
#### Meaning of “environmental law”
#### Interpretation of Part 1: general
#### Improving the natural environment: Northern Ireland
#### The Office for Environmental Protection: Northern Ireland
#### Producer responsibility obligations
#### Producer responsibility for disposal costs
#### Resource efficiency information
#### Resource efficiency requirements
#### Deposit schemes
#### Charges for single use items
#### Charges for carrier bags
#### Separation of waste
#### Electronic waste tracking: Great Britain
#### Electronic waste tracking: Northern Ireland
#### Hazardous waste: England and Wales
#### Hazardous waste: Northern Ireland
#### Transfrontier shipments of waste
#### Regulations under the Environmental Protection Act 1990
#### Powers to make charging schemes
#### Waste charging: Northern Ireland
#### Enforcement powers
#### Enforcement powers: Northern Ireland
#### Littering enforcement
#### Fixed penalty notices
#### Regulation of polluting activities
#### Waste regulation: amendment of Northern Ireland Order
#### Local air quality management framework
#### Smoke control areas: amendments of the Clean Air Act 1993
#### Environmental recall of motor vehicles etc
#### Compulsory recall notices
#### Further provision about regulations under section 74
#### Interpretation of sections 74 to 76
#### Water resources management plans, drought plans and joint proposals
#### Drainage and sewerage management plans
#### Storm overflows
#### Reporting on discharges from storm overflows
#### Monitoring quality of water potentially affected by discharges
#### Reduction of adverse impacts of storm overflows
#### Report on elimination of discharges from storm overflows
#### Authority’s power to require information
#### Water and sewerage undertakers in England: modifying appointments
#### Electronic service of documents
#### Water abstraction: no compensation for certain licence modifications
#### Water quality: powers of Secretary of State
#### Water quality: powers of Welsh Ministers
#### Water quality: powers of Northern Ireland department
#### Solway Tweed river basin district: power to transfer functions
#### Water quality: interpretation
#### Valuation of other land in drainage district: England
#### Valuation of other land in drainage district: Wales
#### Valuation of agricultural land in drainage district: England and Wales
#### Disclosure of Revenue and Customs information
#### Biodiversity gain as condition of planning permission
#### Biodiversity gain in nationally significant infrastructure projects
#### Biodiversity gain site register
#### Biodiversity credits
#### General duty to conserve and enhance biodiversity
#### Biodiversity reports
#### Local nature recovery strategies for England
#### Preparation of local nature recovery strategies
#### Content of local nature recovery strategies
#### Information to be provided by the Secretary of State
#### Interpretation
#### Species conservation strategies
#### Protected site strategies
#### Wildlife conservation: licences
#### Habitats Regulations: power to amend general duties
#### Habitats Regulations: power to amend Part 6
#### Controlling the felling of trees in England
#### Local highway authorities in England to consult before felling street trees
#### Use of forest risk commodities in commercial activity
#### Conservation covenant agreements
#### Conservation covenants
#### Responsible bodies
#### Local land charge
#### Duration of obligation under conservation covenant
#### Benefit and burden of obligation of landowner
#### Benefit of obligation of responsible body
#### Breach of obligation
#### Enforcement of obligation
#### Discharge of obligation of landowner by agreement
#### Discharge of obligation of responsible body by agreement
#### Modification of obligation by agreement
#### Discharge or modification of obligation by Upper Tribunal
#### Power of responsible body to appoint replacement
#### Body ceasing to be a responsible body
#### Effect of acquisition or disposal of affected land by responsible body
#### Effect of deemed surrender and re-grant of qualifying estate
#### Declarations about obligations under conservation covenants
#### Duty of responsible bodies to make annual return
#### Crown application
#### Index of defined terms in Part 7
#### Consequential amendments relating to Part 7
#### Amendment of REACH legislation
#### Amendments of Schedule 7B to the Government of Wales Act 2006
#### Consequential provision
#### Regulations
#### Crown application
#### Financial provisions
#### Commencement
#### Short title
#### Membership
##### 24
In this Schedule “*the Northern Ireland Department*” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
#### Environmental improvement plans
#### Annual reports on environmental improvement plans
#### Reviewing and revising environmental improvement plans
#### Renewing environmental improvement plans
#### Environmental monitoring
#### Policy statement on environmental principles
#### Policy statement on environmental principles: process
#### Policy statement on environmental principles: effect
#### Meaning of “environmental protection”
#### General interpretation
#### Monitoring and reporting on the Department’s environmental improvement plans
#### Monitoring and reporting on environmental law
#### Advising on changes to Northern Ireland environmental law etc
#### Failure of relevant public authorities to comply with environmental law
#### Meaning of relevant environmental law, relevant public authority etc
#### Complaints about relevant public authorities
#### Investigations: relevant public authorities
#### Duty to keep complainants informed
#### Information notices
#### Decision notices
#### Linked notices
#### Review application
#### Judicial review: powers to apply to prevent serious damage and to intervene
#### Duty of the OEP to involve the relevant department
#### Public statements
#### Disclosures to the OEP
#### Confidentiality of proceedings
#### Meaning of UK environmental law and Northern Ireland environmental law
#### Interpretation of Part 1 of this Schedule: general
#### General power
#### General power
#### “Disposal costs” and “disposal”
#### Calculation of sums payable
#### Administration
#### Registration
#### Payment of sums
#### Distribution of sums paid
#### Repayment of sums paid
#### Charges
#### Consultation requirements
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Sanctions
#### Charges and costs
#### Consultation requirements
#### General power
#### Meaning of “information about resource efficiency”
#### Persons on whom requirements may be imposed
#### Examples of provision that may be made
#### Consultation etc requirements
#### Interpretation
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Sanctions
#### Costs
#### Consultation requirement
#### General power
#### Meaning of “resource efficiency requirements”
#### Persons on whom requirements may be imposed
#### Examples of provision that may be made
#### Consultation etc requirements
#### Interpretation
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Sanctions
#### Costs
#### Power to establish deposit schemes
#### Scheme suppliers
#### Scheme collectors
#### Deposit scheme administrators
#### Enforcement
#### Interpretation
#### General power
#### Requirement to charge
#### Sellers of goods and services
#### Amount of charge
#### Administration
#### Registration
#### Record-keeping and publication of records
#### Enforcement
#### Civil sanctions
#### Powers to search and seize vehicles in connection with waste offences
#### Minor and consequential amendments to the Clean Air Act 1993
#### Minor amendments to other legislation
#### Introductory
#### Penalty for felling without licence: increase of fine
#### Restocking notices to be local land charges
#### Enforcement notices to be local land charges
#### Further enforcement notices for new estate or interest holders
#### Power of court to order restocking after conviction for failure to comply with enforcement notice
#### Service of notices on directors of companies that have estates or interests in land
#### Requiring information from the owner of land
#### Meaning of “forest risk commodity”
#### Prohibition on using illegally produced commodities
#### Due diligence system
#### Annual report on due diligence system
#### Exemption
#### Guidance
#### Meaning of “regulated person”
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Sanctions
#### Charges
#### Consultation requirement
#### Review
#### Interpretation
#### Power to discharge on application by landowner or responsible body
#### Deciding whether to discharge
#### Supplementary powers
#### Power to modify on application by landowner or responsible body
#### Deciding whether to modify
#### Supplementary powers
#### Effect of modification
#### Interpretation
#### Application of Part 7
#### Interpretation
#### Demesne land
#### Land subject to escheat
#### Bona vacantia
#### Agreements for the purposes of section 117
#### Modification of Part 7 in relation to obligations under certain Crown conservation covenants
#### Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority
#### Agreements under section 127(1) and (3)
#### Agreements under section 128(1)
#### Agreements under section 129(1)
#### Acquisition of Land Act 1981 (c. 67)
#### Housing and Planning Act 2016 (c. 22)
#### Neighbourhood Planning Act 2017 (c. 20)
#### Amendment of the REACH Regulation
#### Amendment of the REACH Enforcement Regulations 2008
#### Consent of the devolved administrations
#### Requests by devolved administrations for exercise of powers under this Schedule
#### Consultation
#### The protected provisions
#### Other interpretation
#### Consent of the devolved administrations
#### Requests by devolved administrations for exercise of powers under this Schedule
#### Consultation
#### The protected provisions
#### Other interpretation
#### Minor and consequential amendments to the Clean Air Act 1993
#### Introductory
#### Penalty for felling without licence: increase of fine
#### Restocking notices to be local land charges
#### Enforcement notices to be local land charges
#### Further enforcement notices for new estate or interest holders
#### Power of court to order restocking after conviction for failure to comply with enforcement notice
#### Service of notices on directors of companies that have estates or interests in land
#### Requiring information from the owner of land
#### Meaning of “forest risk commodity”
#### Prohibition on using illegally produced commodities
#### Due diligence system
#### Annual report on due diligence system
#### Exemption
#### Guidance
#### Meaning of “regulated person”
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Sanctions
#### Charges
#### Consultation requirement
#### Review
#### Interpretation
#### Power to discharge on application by landowner or responsible body
#### Deciding whether to discharge
#### Supplementary powers
#### Power to modify on application by landowner or responsible body
#### Deciding whether to modify
#### Supplementary powers
#### Effect of modification
#### Interpretation
#### Application of Part 7
#### Interpretation
#### Demesne land
#### Land subject to escheat
#### Bona vacantia
#### Modification of Part 7 in relation to obligations under certain Crown conservation covenants
#### Cases where estate in land to which conservation covenant relates has been acquired by the Crown and is held by person other than the appropriate authority
#### Agreements under section 127(1) and (3)
#### Agreements under section 128(1)
#### Agreements under section 129(1)
#### Acquisition of Land Act 1981 (c. 67)
#### Housing and Planning Act 2016 (c. 22)
#### Neighbourhood Planning Act 2017 (c. 20)
#### Amendment of the REACH Regulation
#### Amendment of the REACH Enforcement Regulations 2008
#### Consent of the devolved administrations
#### Requests by devolved administrations for exercise of powers under this Schedule
#### Consultation
#### The protected provisions
#### Other interpretation
#### Meaning of “forest risk commodity”
#### Power to discharge on application by landowner or responsible body
#### Application of Part 7
#### Acquisition of Land Act 1981 (c. 67)
#### Amendment of the REACH Regulation
#### Amendment of the REACH Enforcement Regulations 2008
#### Consent of the devolved administrations
#### Requests by devolved administrations for exercise of powers under this Schedule
#### Consultation
#### The protected provisions
#### Other interpretation
#### Regulations
#### Crown application
#### Financial provisions
#### Extent
#### Commencement
#### Transitional or saving provision
#### Short title
#### Membership
#### Environmental improvement plans
#### Annual reports on environmental improvement plans
#### Reviewing and revising environmental improvement plans
#### Renewing environmental improvement plans
#### Policy statement on environmental principles
#### Policy statement on environmental principles: process
#### Policy statement on environmental principles: effect
#### Meaning of “natural environment”
#### Meaning of “environmental protection”
#### General interpretation
#### Monitoring and reporting on the Department’s environmental improvement plans
#### Monitoring and reporting on environmental law
#### Advising on changes to Northern Ireland environmental law etc
#### Failure of relevant public authorities to comply with environmental law
#### Meaning of relevant environmental law, relevant public authority etc
#### Complaints about relevant public authorities
#### Investigations: relevant public authorities
#### Duty to keep complainants informed
#### Information notices
#### Decision notices
#### Linked notices
#### Review application
#### Judicial review: powers to apply to prevent serious damage and to intervene
#### Duty of the OEP to involve the relevant department
#### Public statements
#### Disclosures to the OEP
#### Confidentiality of proceedings
#### Meaning of UK environmental law and Northern Ireland environmental law
#### Interpretation of Part 1 of this Schedule: general
#### General power
#### General power
#### “Disposal costs” and “disposal”
#### Calculation of sums payable
#### Administration
#### Registration
#### Payment of sums
#### Distribution of sums paid
#### Repayment of sums paid
#### Charges
#### Consultation requirements
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Sanctions
#### Charges and costs
#### Consultation requirements
#### General power
#### Meaning of “information about resource efficiency”
#### Persons on whom requirements may be imposed
#### Examples of provision that may be made
#### Consultation etc requirements
#### Interpretation
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Costs
#### Consultation requirement
#### General power
#### Meaning of “resource efficiency requirements”
#### Persons on whom requirements may be imposed
#### Examples of provision that may be made
#### Consultation etc requirements
#### Interpretation
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Costs
#### Consultation requirement
#### Power to establish deposit schemes
#### Scheme suppliers
#### Scheme collectors
#### Deposit scheme administrators
#### Enforcement
#### Interpretation
#### General power
#### Sellers of goods and services
#### Amount of charge
#### Administration
#### Registration
#### Record-keeping and publication of records
#### Enforcement
#### Civil sanctions
#### Powers to search and seize vehicles in connection with waste offences
#### Minor and consequential amendments to the Clean Air Act 1993
#### Introductory
#### Penalty for felling without licence: increase of fine
#### Restocking notices to be local land charges
#### Enforcement notices to be local land charges
#### Further enforcement notices for new estate or interest holders
#### Power of court to order restocking after conviction for failure to comply with enforcement notice
#### Service of notices on directors of companies that have estates or interests in land
#### Requiring information from the owner of land
#### Meaning of “forest risk commodity”
#### Power to discharge on application by landowner or responsible body
#### Application of Part 7
#### Acquisition of Land Act 1981 (c. 67)
#### Amendment of the REACH Regulation
#### Amendment of the REACH Enforcement Regulations 2008
#### Consent of the devolved administrations
#### Requests by devolved administrations for exercise of powers under this Schedule
#### Consultation
#### The protected provisions
#### Other interpretation
#### Introductory
#### Penalty for felling without licence: increase of fine
#### Restocking notices to be local land charges
#### Enforcement notices to be local land charges
#### Further enforcement notices for new estate or interest holders
#### Power of court to order restocking after conviction for failure to comply with enforcement notice
#### Service of notices on directors of companies that have estates or interests in land
#### Requiring information from the owner of land
#### Meaning of “forest risk commodity”
#### Power to discharge on application by landowner or responsible body
#### Application of Part 7
#### Acquisition of Land Act 1981 (c. 67)
#### Amendment of the REACH Regulation
#### Amendment of the REACH Enforcement Regulations 2008
#### Consent of the devolved administrations
#### Requests by devolved administrations for exercise of powers under this Schedule
#### Consultation
#### The protected provisions
#### Other interpretation
#### Transitional or saving provision
#### Short title
#### Membership
#### Environmental improvement plans
#### Annual reports on environmental improvement plans
#### Reviewing and revising environmental improvement plans
#### Renewing environmental improvement plans
#### Environmental monitoring
#### Policy statement on environmental principles
#### Policy statement on environmental principles: process
#### Policy statement on environmental principles: effect
#### Meaning of “natural environment”
#### Meaning of “environmental protection”
#### General interpretation
#### Monitoring and reporting on the Department’s environmental improvement plans
#### Monitoring and reporting on environmental law
#### Advising on changes to Northern Ireland environmental law etc
#### Failure of relevant public authorities to comply with environmental law
#### Meaning of relevant environmental law, relevant public authority etc
#### Complaints about relevant public authorities
#### Investigations: relevant public authorities
#### Duty to keep complainants informed
#### Information notices
#### Decision notices
#### Linked notices
#### Review application
#### Judicial review: powers to apply to prevent serious damage and to intervene
#### Duty of the OEP to involve the relevant department
#### Public statements
#### Disclosures to the OEP
#### Confidentiality of proceedings
#### Meaning of UK environmental law and Northern Ireland environmental law
#### General power
#### General power
#### “Disposal costs” and “disposal”
#### Calculation of sums payable
#### Administration
#### Registration
#### Payment of sums
#### Distribution of sums paid
#### Repayment of sums paid
#### Charges
#### Consultation requirements
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Sanctions
#### Charges and costs
#### Consultation requirements
#### General power
#### Meaning of “information about resource efficiency”
#### Persons on whom requirements may be imposed
#### Examples of provision that may be made
#### Consultation etc requirements
#### Interpretation
#### General power
#### Powers to confer functions
#### Records and information
#### Powers of entry etc
#### Consultation requirement
#### General power
#### Meaning of “resource efficiency requirements”
#### Persons on whom requirements may be imposed
#### Examples of provision that may be made
#### Consultation etc requirements
#### Interpretation
#### General power
#### Powers to confer functions
#### Monitoring compliance
#### Records and information
#### Powers of entry etc
#### Sanctions
#### Costs
#### Consultation requirement
#### Power to establish deposit schemes
#### Scheme suppliers
#### Deposit scheme administrators
#### Enforcement
#### Interpretation
#### General power
#### Requirement to charge
#### Sellers of goods and services
#### Amount of charge
#### Administration
#### Registration
#### Record-keeping and publication of records
#### Enforcement
#### Powers to search and seize vehicles in connection with waste offences
#### Minor and consequential amendments to the Clean Air Act 1993
#### Introductory
#### Penalty for felling without licence: increase of fine
#### Restocking notices to be local land charges
#### Enforcement notices to be local land charges
#### Further enforcement notices for new estate or interest holders
#### Power of court to order restocking after conviction for failure to comply with enforcement notice
#### Service of notices on directors of companies that have estates or interests in land
#### Requiring information from the owner of land
#### Meaning of “forest risk commodity”
#### Power to discharge on application by landowner or responsible body
#### Application of Part 7
#### Acquisition of Land Act 1981 (c. 67)
#### Amendment of the REACH Regulation
#### Amendment of the REACH Enforcement Regulations 2008
#### Consent of the devolved administrations
#### Requests by devolved administrations for exercise of powers under this Schedule
#### Consultation
#### The protected provisions
#### Other interpretation
2021-11-09
Environment Act 2021
original version
Text at this date