Environment Act 2021

Section 22

SCHEDULE 1 U.K. The Office for Environmental Protection

Membership U.K.

1 (1) The OEP is to consist of—

(a) a Chair (who is to be a non-executive member),

[F1 (aa) a Northern Ireland member (who is to be a non-executive member),]

(b) at least two, but not more than five, other non-executive members,

(c) a chief executive (who is to be the accounting officer), and

(d) at least one, but not more than three, other executive members.

(2) The members are to be appointed by the Secretary of State [F2 , the Northern Ireland Department] and the OEP in accordance with paragraphs 2 and 3.

(3) [F3 When exercising their functions of appointment] the Secretary of State and the OEP must ensure, so far as practicable, that the number of non-executive members [F4 (including the Northern Ireland member)] is at all times greater than the number of executive members.

Textual Amendments

F1 Sch. 1 para. 1(1)(aa) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(2)(a) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F2 Words in Sch. 1 para. 1(2) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(2)(b) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F3 Words in Sch. 1 para. 1(3) substituted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(2)(c)(i) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F4 Words in Sch. 1 para. 1(3) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(2)(c)(ii) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 147(3)

I2 Sch. 1 para. 1 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Appointment of non-executive members U.K.

2 [F5 (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.]

(3) The Secretary of State must, in appointing non-executive members, have regard to the desirability of the members (between them) having experience of—

(a) law (including international law) relating to the natural environment,

(b) environmental science,

(c) environmental policy, and

(d) investigatory and enforcement proceedings.

(4) A person may not be appointed as a non-executive member if the person is an employee of the OEP.

Textual Amendments

F5 Sch. 1 para. 2(1)-(2B) substituted for Sch. 1 para. 2(1) (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(3) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I3 Sch. 1 para. 2 not in force at Royal Assent, see s. 147(3)

I4 Sch. 1 para. 2 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Appointment of executive members U.K.

3 (1) The chief executive is to be appointed by the non-executive members of the OEP, other than the first chief executive who is to be appointed by the Chair.

(2) The other executive members are to be appointed by the OEP.

(3) The Secretary of State [F6 and the Northern Ireland Department] must be consulted before a person is appointed as chief executive.

(4) An executive member must be an employee of the OEP.

Textual Amendments

F6 Words in Sch. 1 para. 3(3) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(4) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I5 Sch. 1 para. 3 not in force at Royal Assent, see s. 147(3)

I6 Sch. 1 para. 3 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Interim chief executive U.K.

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).

(2) Where the OEP has fewer members than are needed to hold a meeting that is quorate (see paragraph 11(2)), 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), an interim chief executive must act in accordance with any directions given by the Secretary of State.

(4) Neither paragraph 3(4) (requirement that executive members are employees) nor paragraph 5(2) (requirement that members are not civil servants) apply to an interim chief executive.

Commencement Information

I7 Sch. 1 para. 4 not in force at Royal Assent, see s. 147(3)

I8 Sch. 1 para. 4 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Terms of membership U.K.

5 (1) A member of the OEP holds and vacates office in accordance with the terms of the member’s appointment, subject to the provisions of this Schedule.

(2) A person may not hold office as a member of the OEP if the person is employed in the civil service of the State.

(3) A non-executive member must be appointed for a fixed term of no more than 5 years.

(4) The Secretary of State must, in determining the length of a non-executive member’s term, have regard to the desirability of securing that the appointments of non-executive members [F7 (including the Northern Ireland member)] expire at different times.

[F8 (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.]

(5) The previous appointment of a person as a non-executive member does not affect the person’s eligibility for re-appointment.

[F9 (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.]

Textual Amendments

F7 Words in Sch. 1 para. 5(4) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(5)(a) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F8 Sch. 1 para. 5(4A) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(5)(b) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F9 Sch. 1 para. 5(6)-(8) substituted for Sch. 1 para. 5(6) (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(5)(c) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I9 Sch. 1 para. 5 not in force at Royal Assent, see s. 147(3)

I10 Sch. 1 para. 5 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Remuneration of non-executive members U.K.

6 (1) The OEP must pay its non-executive members such remuneration and allowances as the Secretary of State may determine.

(2) If a person ceases to be a non-executive member, other than by reason of their term of office expiring, and the Secretary of State determines that the person should be compensated because of special circumstances, the OEP must pay compensation of such amount as the Secretary of State may determine.

(3) The Secretary of State must consult the Chair before making a determination under this paragraph.

Commencement Information

I11 Sch. 1 para. 6 not in force at Royal Assent, see s. 147(3)

I12 Sch. 1 para. 6 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Staffing and remuneration U.K.

7 (1) The OEP may—

(a) appoint employees on such terms as it determines, and

(b) make such other arrangements for the staffing of the OEP as it determines.

(2) The terms of the first chief executive’s appointment are to be determined by the Chair.

(3) The OEP must pay its employees such remuneration as the OEP may determine.

(4) The OEP must pay, or make provision for paying, to or in respect of a person who is or has been an employee of the OEP, such sums as the OEP may determine with the approval of the Secretary of State in respect of pensions, allowances and gratuities.

(5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “other Bodies”, at the appropriate place insert—

• “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) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Commencement Information

I13 Sch. 1 para. 7 not in force at Royal Assent, see s. 147(3)

I14 Sch. 1 para. 7 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Powers U.K.

8 (1) The OEP may do anything (other than something mentioned in sub-paragraph (2)) it thinks appropriate for the purposes of, or in connection with, its functions.

(2) The OEP may not—

(a) accept gifts of money, land or other property, or

(b) form, participate in forming, or invest in, a company, partnership, joint venture or other similar form of organisation.

Commencement Information

I15 Sch. 1 para. 8 not in force at Royal Assent, see s. 147(3)

I16 Sch. 1 para. 8 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Committees U.K.

9 (1) The OEP may establish committees.

(2) A committee may include persons who are not members of the OEP (whether or not they are employees of the OEP).

(3) A member of a committee who is neither a member nor an employee of the OEP is not entitled to vote at meetings of that committee.

(4) The OEP may pay such allowances as it may determine to any person who—

(a) is a member of a committee, but

(b) is neither a member, nor an employee, of the OEP.

Commencement Information

I17 Sch. 1 para. 9 not in force at Royal Assent, see s. 147(3)

I18 Sch. 1 para. 9 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Delegation to members, committees and employees U.K.

10 (1) The OEP may delegate any of its functions (other than a function mentioned in sub-paragraph (4)) to—

(a) a member of the OEP,

(b) any of the OEP’s employees authorised for that purpose, or

(c) a committee of the OEP.

(2) The OEP must prepare a document that sets out its policy on how its functions may be appropriately delegated (a “delegation policy”).

(3) A function is delegated under this paragraph to the extent, and on the terms, that the OEP determines in accordance with its delegation policy.

(4) The OEP may not delegate the following functions—

(a) approving the strategy under section 23(3) (or a revision of it);

(b) approving a report under section 28 or 29 [F10 , or a report under paragraph 1 or 2 of Schedule 3 (functions of the OEP in Northern Ireland)];

(c) approving written advice to a Minister of the Crown under section 30(1) or (3) [F11 , or written advice to a Northern Ireland department under paragraph 3(1) or (3) of Schedule 3];

(d) deciding whether to give an information notice [F12 or a Northern Ireland information notice];

(e) deciding whether to give a decision notice [F13 or a Northern Ireland decision notice];

(f) deciding whether to apply for an environmental review (see section 38);

(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);

[F14 (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);]

(h) approving a delegation policy under sub-paragraph (2);

(i) approving a report on the exercise of the OEP’s functions under paragraph 13(1) or a statement of accounts under paragraph 14(2).

Textual Amendments

F10 Words in Sch. 1 para. 10(4)(b) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(6)(a) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F11 Words in Sch. 1 para. 10(4)(c) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(6)(b) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F12 Words in Sch. 1 para. 10(4)(d) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(6)(c) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F13 Words in Sch. 1 para. 10(4)(e) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(6)(d) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F14 Sch. 1 para. 10(4)(ga) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(6)(e) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I19 Sch. 1 para. 10 not in force at Royal Assent, see s. 147(3)

I20 Sch. 1 para. 10 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Procedure U.K.

11 (1) The OEP may determine its own procedure, subject to sub-paragraph (2), and the procedure of its committees.

(2) A meeting of the OEP is not quorate unless—

(a) there are at least three members present, and

(b) a majority of the members present are non-executive members.

(3) The validity of any proceedings of the OEP is not affected by any vacancy among its members or by any defect in the appointment of such a member.

Commencement Information

I21 Sch. 1 para. 11 not in force at Royal Assent, see s. 147(3)

I22 Sch. 1 para. 11 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Funding U.K.

12 (1) The Secretary of State [F15 and the Northern Ireland Department] must [F16 , between them,] pay to the OEP such sums as [F17 they consider] are reasonably sufficient to enable the OEP to carry out its functions.

(2) The Secretary of State [F18 , or the Northern Ireland Department,] may provide further financial assistance to the OEP (including by way of grants, loans, guarantees or indemnities) subject to such conditions as the Secretary of State [F19 , or that department,] may determine.

Textual Amendments

F15 Words in Sch. 1 para. 12(1) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(7)(a)(i) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F16 Words in Sch. 1 para. 12(1) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(7)(a)(ii) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F17 Words in Sch. 1 para. 12(1) substituted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(7)(a)(iii) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F18 Words in Sch. 1 para. 12(2) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(7)(b)(i) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F19 Words in Sch. 1 para. 12(2) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(7)(b)(ii) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I23 Sch. 1 para. 12 not in force at Royal Assent, see s. 147(3)

I24 Sch. 1 para. 12 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Annual report U.K.

13 (1) As soon as reasonably practicable after the end of each financial year the OEP must prepare a report on the exercise of its functions during that financial year.

(2) The OEP must—

(a) arrange for its report to be laid before Parliament [F20 and the Northern Ireland Assembly], and

(b) publish it.

Textual Amendments

F20 Words in Sch. 1 para. 13(2)(a) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(8) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I25 Sch. 1 para. 13 not in force at Royal Assent, see s. 147(3)

I26 Sch. 1 para. 13 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Annual accounts U.K.

14 (1) The OEP must keep proper accounts and proper records in relation to them.

(2) The OEP must prepare a statement of accounts in respect of each financial year in the form specified by the Secretary of State.

(3) A statement of accounts must include an assessment by the OEP of whether, in the financial year to which the statement relates, the Secretary of State [F21 and the Northern Ireland Department] provided it with sufficient sums to carry out its functions.

(4) The OEP must send a copy of each statement of accounts to the Secretary of State [F22 , the Northern Ireland Department] and the Comptroller and Auditor General as soon as reasonably practicable after the end of the financial year to which it relates.

(5) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts, and

(b) send a copy of the certified statement and the report to the Secretary of State [F23 , the Northern Ireland Department] and the OEP.

(6) The OEP must arrange for the laying before Parliament [F24 and the Northern Ireland Assembly] of a copy of—

(a) its certified statement of accounts, and

(b) the Comptroller and Auditor General’s report on its statement of accounts.

Textual Amendments

F21 Words in Sch. 1 para. 14(3) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(9)(a) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F22 Words in Sch. 1 para. 14(4) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(9)(b) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F23 Words in Sch. 1 para. 14(5)(b) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(9)(c) (with s. 144); S.R. 2022/54, art. 2(1)(a)

F24 Words in Sch. 1 para. 14(6) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(9)(d) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I27 Sch. 1 para. 14 not in force at Royal Assent, see s. 147(3)

I28 Sch. 1 para. 14 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Meaning of “financial year” U.K.

15 In this Schedule “financial year” means—

(a) the period beginning with the date on which the OEP is established and ending with 31 March following that date, and

(b) each successive period of 12 months.

Commencement Information

I29 Sch. 1 para. 15 not in force at Royal Assent, see s. 147(3)

I30 Sch. 1 para. 15 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Status U.K.

16 (1) The OEP is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The OEP’s property is not to be regarded as property of, or property held on behalf of, the Crown.

(3) Service as a member, or as an employee, of the OEP is not service in the civil service of the State.

Commencement Information

I31 Sch. 1 para. 16 not in force at Royal Assent, see s. 147(3)

I32 Sch. 1 para. 16 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Independence of the OEP U.K.

17 In exercising functions in respect of the OEP, the Secretary of State [F25 and the Northern Ireland Department] must have regard to the need to protect its independence.

Textual Amendments

F25 Words in Sch. 1 para. 17 inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(10) (with s. 144); S.R. 2022/54, art. 2(1)(a)

Commencement Information

I33 Sch. 1 para. 17 not in force at Royal Assent, see s. 147(3)

I34 Sch. 1 para. 17 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Disqualification from membership of legislatures U.K.

18 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert—

• “The Office for Environmental Protection.”

Commencement Information

I35 Sch. 1 para. 18 not in force at Royal Assent, see s. 147(3)

I36 Sch. 1 para. 18 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

19 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert—

• “The Office for Environmental Protection.”

Commencement Information

I37 Sch. 1 para. 19 not in force at Royal Assent, see s. 147(3)

I38 Sch. 1 para. 19 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Public records U.K.

20 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert—

• “The Office for Environmental Protection.”

Commencement Information

I39 Sch. 1 para. 20 not in force at Royal Assent, see s. 147(3)

I40 Sch. 1 para. 20 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Freedom of Information U.K.

21 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert—

• “The Office for Environmental Protection.”

Commencement Information

I41 Sch. 1 para. 21 not in force at Royal Assent, see s. 147(3)

I42 Sch. 1 para. 21 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Investigation by the Parliamentary Commissioner U.K.

22 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments subject to investigation), at the appropriate place insert—

• “The Office for Environmental Protection.”

Commencement Information

I43 Sch. 1 para. 22 not in force at Royal Assent, see s. 147(3)

I44 Sch. 1 para. 22 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Public sector equality duty U.K.

23 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the heading “Environment, housing and development”, at the appropriate place insert—

• “The Office for Environmental Protection.”

Commencement Information

I45 Sch. 1 para. 23 not in force at Royal Assent, see s. 147(3)

I46 Sch. 1 para. 23 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)

Meaning of “the Northern Ireland Department” U.K.

[F26 24 In this Schedule “the Northern Ireland Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.]

Textual Amendments

F26 Sch. 1 para. 24 and cross-heading inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(11) (with s. 144); S.R. 2022/54, art. 2(1)(a)