SCHEDULES

SCHEDULE 1The Office for Environmental Protection

I1I210Delegation to members, committees and employees

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 F2, 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)F3, 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 F4or a Northern Ireland information notice;

e

deciding whether to give a decision notice F5or 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);

F1ga

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).