SCHEDULES

SCHEDULE 3The Office for Environmental Protection: Northern Ireland

PART 2Amendments of the OEP’s general functions

I1I228

1

Section 47 (interpretation of Part 1 of the Act) is amended as follows.

2

The existing text becomes subsection (1).

3

In that subsection—

a

in the definition of “devolved environmental governance function”—

i

for “devolved function” substitute “Scottish devolved function or Welsh devolved function”;

ii

after “this Part” insert “or Part 1 of Schedule 3 (functions of the OEP in Northern Ireland)”;

b

at the appropriate places insert—

  • “Northern Ireland decision notice” means a notice given under paragraph 10 of Schedule 3 (functions of the OEP in Northern Ireland);

  • “Northern Ireland information notice” means a notice given under paragraph 9 of Schedule 3;

  • “review application” has the meaning it has in Part 1 of Schedule 3 (see paragraph 12 of that Schedule);

  • “Scottish devolved function” means a function exercisable in or as regards Scotland, the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);

  • “Welsh devolved function” means a function exercisable in or as regards Wales that could be conferred by provision falling within the legislative competence of Senedd Cymru (see section 108A of the Government of Wales Act 2006).

4

After that subsection insert—

2

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) applies in relation to the laying of a document before the Northern Ireland Assembly under this Part, as it applies in relation to the laying of a statutory document under an Act of the Northern Ireland Assembly.