Environment Act 2021

Linked noticesN.I.

This adran has no associated Nodiadau Esboniadol

11(1)If the OEP gives an information notice or a decision notice to more than one relevant public authority in respect of the same or similar conduct, it may determine that those notices are linked.

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

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

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

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

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

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

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

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

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

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

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

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

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

(11)In this Part of this Schedule—

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

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

Commencement Information

I1Sch. 3 para. 11 not in force at Royal Assent, see s. 147(6)(7)

I2Sch. 3 para. 11 in force at 28.2.2022 by S.R. 2022/54, art. 2(1)(a)