Environment Act 2021

The OEP's scrutiny and advice functions

28 Monitoring and reporting on environmental improvement plans and targets

(1) The OEP must monitor progress—

(a) in improving the natural environment in accordance with the current environmental improvement plan,

(b) towards meeting any targets set under sections 1 to 3, and

(c) towards meeting any interim targets set under sections 11 and 14.

(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).

(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”).

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

(a) the section 9 report for that period,

(b) the data published by the Secretary of State under section 16 that relates to that period, and

(c) any other reports, documents or information it considers appropriate.

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

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

(b) consideration of the adequacy of the data published by the Secretary of State under section 16.

(7) The OEP must—

(a) arrange for its reports under this section to be laid before Parliament, and

(b) publish them.

(8) A progress report for an annual reporting period must be laid no later than 6 months after the section 9 report for that period is laid before Parliament.

(9) The Secretary of State must—

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

(b) lay before Parliament, and publish, a copy of the response.

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

(11) The response—

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

(b) may be included in a section 9 report.

29 Monitoring and reporting on environmental law

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

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

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

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

(5) The OEP must—

(a) arrange for its reports under this section to be laid before Parliament, and

(b) publish them.

(6) The Secretary of State must—

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

(b) lay before Parliament, and publish, a copy of the response.

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

30 Advising on changes to environmental law etc

(1) The OEP must give advice to a Minister of the Crown about—

(a) any proposed change to environmental law, or

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

on which the Minister requires it to give advice.

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

(3) The OEP may give advice to a Minister of the Crown about any changes to environmental law proposed by a Minister of the Crown.

(4) Advice under this section is to be given in writing to the Minister concerned.

(5) The OEP must publish—

(a) its advice, and

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

(6) The Minister concerned may, if the Minister thinks fit, lay before Parliament—

(a) the advice, and

(b) any response the Minister may make to the advice.