Environment Act 2021

29 (1) Schedule 1 is amended as follows. N.I.

(2) In paragraph 1—

(a) in sub-paragraph (1), after paragraph (a) insert—

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

(b) in sub-paragraph (2) after “Secretary of State” insert “, the Northern Ireland Department”;

(c) in sub-paragraph (3)—

(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 for sub-paragraphs (1) and (2) 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 of Schedule 3),

(b) environmental science in Northern Ireland, or

(c) environmental regulation in Northern Ireland.”

(4) In paragraph 3(3) after “Secretary of State” insert “and the Northern Ireland Department”.

(5) In paragraph 5—

(a) in sub-paragraph (4) after “of non-executive members” insert “(including the Northern Ireland member)”;

(b) after that sub-paragraph insert—

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

(c) for sub-paragraph (6) 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—

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

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

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

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

(8) The Northern Ireland member—

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

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

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

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

(6) In paragraph 10(4)—

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

(b) in paragraph (c) after “section 30(1) or (3)” insert “, or written advice to a Northern Ireland department under paragraph 3(1) or (3) of Schedule 3”;

(c) in paragraph (d) after “information notice” insert “or a Northern Ireland information notice”;

(d) in paragraph (e) after “decision notice” insert “or a Northern Ireland decision notice”;

(e) after paragraph (g) insert—

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

(7) In paragraph 12—

(a) in sub-paragraph (1)—

(i) after “Secretary of State”, in the first place it occurs, insert “and the Northern Ireland Department”;

(ii) after “must” insert “, between them,”;

(iii) for “the Secretary of State considers” substitute “they consider”;

(b) in sub-paragraph (2)—

(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) after “Parliament” insert “and the Northern Ireland Assembly”.

(9) In paragraph 14—

(a) in sub-paragraph (3) after “Secretary of State” insert “and the Northern Ireland Department”;

(b) in sub-paragraph (4) after “Secretary of State” insert “, the Northern Ireland Department”;

(c) in sub-paragraph (5)(b) after “Secretary of State” insert “, the Northern Ireland Department”;

(d) in sub-paragraph (6) after “Parliament” insert “and the Northern Ireland Assembly”.

(10) In paragraph 17 after “Secretary of State” insert “and the Northern Ireland Department”.

(11) After paragraph 23 insert—

“Meaning of “the Northern Ireland Department”

24 In this Schedule “the Northern Ireland Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.”

Commencement Information

I1 Sch. 3 para. 29 not in force at Royal Assent, see s. 147(6)(7)

I2 Sch. 3 para. 29 in force at 28.2.2022 by S.R. 2022/54, art. 2(1)(a)