PART 1Environmental governance
CHAPTER 2The Office for Environmental Protection
The Office for Environmental Protection
I1I722The Office for Environmental Protection
1
A body corporate called the Office for Environmental Protection is established.
2
In this Act that body is referred to as “the OEP”.
3
Schedule 1 makes further provision about the OEP.
I2I823Principal objective of the OEP and exercise of its functions
1
The principal objective of the OEP in exercising its functions is to contribute to—
a
environmental protection, and
b
the improvement of the natural environment.
2
The OEP must—
a
act objectively and impartially, and
b
have regard to the need to act proportionately and transparently.
3
The OEP must prepare a strategy that sets out how it intends to exercise its functions.
4
In particular, the strategy must set out—
a
how the OEP will further its principal objective,
b
how the OEP will act objectively and impartially, and
c
how the OEP will have regard to the need to act proportionately and transparently.
5
The strategy must also set out—
a
how the OEP intends to avoid any overlap between the exercise of its functions and the exercise by the Committee on Climate Change of that committee’s functions, and
b
how the OEP intends to co-operate with devolved environmental governance bodies.
6
The strategy must contain an enforcement policy that sets out—
a
F3aa
how the OEP intends to determine whether failures to comply with relevant environmental law are serious for the purposes of paragraphs 7(1)(b) and (2)(b), 9(1)(b), 10(1)(b), 12(1)(b) and 13(1) and (6) of Schedule 3,
b
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),
d
how the OEP intends to avoid any overlap between the exercise of its functions under sections 32 to 34 (complaints) and the exercise by each relevant ombudsman of their functions, F6...
F4da
e
how the OEP intends to prioritise cases.
7
In considering its enforcement policy the OEP must have regard to the particular importance of prioritising cases that it considers have or may have national implications, and the importance of prioritising cases—
a
that relate to ongoing or recurrent conduct,
b
that relate to conduct that the OEP considers may cause (or has caused) serious damage to the natural environment or to human health, or
c
that the OEP considers may raise a point of environmental law F7or Northern Ireland environmental law of general public importance.
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8
9
For the purposes of this Part, each of the following is a “relevant ombudsman”—
a
the Commission for Local Administration in England;
b
the Parliamentary Commissioner for Administration.
I3I924The OEP’s strategy: process
1
The OEP must—
a
arrange for the strategy prepared under section 23 to be laid before Parliament F9and the Northern Ireland Assembly, and
b
publish it.
2
The OEP may revise the strategy at any time (and subsection (1) applies to any revised strategy).
3
The OEP must review the strategy at least once in every review period.
4
“Review period” means—
a
in relation to the first review, the period of 3 years beginning with the day on which the strategy was first published, and
b
in relation to subsequent reviews, the period of 3 years beginning with the day on which the previous review was completed.
5
Before preparing, revising or reviewing the strategy, the OEP must consult such persons as it considers appropriate.
I4I1125Guidance on the OEP’s enforcement policy and functions
1
The Secretary of State may issue guidance to the OEP on the matters listed in section 23(6) (OEP’s enforcement policy)F10, so far as relating to the OEP’s Part 1 enforcement functions.
2
The OEP must have regard to the guidance in—
a
preparing its enforcement policy, F11so far as relating to its Part 1 enforcement functions, and
b
exercising its F12Part 1 enforcement functions.
3
The OEP’s “F13Part 1 enforcement functions” are its functions under sections 32 to 41.
4
Before issuing the guidance, the Secretary of State must—
a
prepare a draft, and
b
lay the draft before Parliament.
5
If before the end of the 21 day period—
a
either House of Parliament passes a resolution in respect of the draft guidance, or
b
a committee of either House of Parliament, or a joint committee of both Houses, makes recommendations in respect of the draft guidance,
the Secretary of State must produce a response and lay it before Parliament.
6
The Secretary of State may prepare and lay before Parliament the final guidance, but not before—
a
if subsection (5) 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.
7
The final guidance has effect when it is laid before Parliament.
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).
10
“Sitting day” means a day on which both Houses of Parliament sit.
11
25AF1Guidance on the OEP’s Northern Ireland enforcement policy and functions
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
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) 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).
10
“Sitting day” means a day on which the Northern Ireland Assembly sits.
11
I5I1026Memorandum of understanding
1
The OEP and the Committee on Climate Change must prepare a memorandum of understanding.
2
The memorandum must set out how the OEP and the Committee intend to co-operate with one another and avoid overlap between the exercise by the OEP of its functions and the exercise by the Committee of its functions.
I6I1227Co-operation duties of public authorities and the OEP
1
A person whose functions include functions of a public nature must co-operate with the OEP, and give it such reasonable assistance as it requests (including the provision of information), in connection with the exercise of its functions under this Act.
2
Subsection (1) does not apply to—
a
a court or tribunal,
b
either House of Parliament,
c
a devolved legislature,
d
the Scottish Ministers F15or the Welsh Ministers,
e
a person exercising a parliamentary function, or
f
a person whose only public functions are F16Scottish devolved functions or Welsh devolved functions.
3
A person whose public functions include F17Scottish devolved functions or Welsh devolved functions is only required to co-operate with the OEP by virtue of subsection (1) to the extent that co-operation is in relation to functions that are not F17Scottish devolved functions or Welsh devolved functions.
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An implementation body is only required to co-operate with the OEP by virtue of subsection (1) 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).
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.