6(1)A person may make a complaint to the OEP under this paragraph if the person believes that a relevant public authority has failed to comply with relevant environmental law.
(2)The OEP must prepare and publish a document which sets out the procedure by which complaints can be made.
(3)A complaint under this paragraph must be made in accordance with that procedure (as most recently published).
(4)A complaint under this paragraph may not be made by any person whose functions include functions of a public nature.
(5)A complaint about a relevant public authority may not be made under this paragraph if—
(a)the authority operates a procedure for considering complaints (“an internal complaints procedure”) under which the complaint could be considered, and
(b)that procedure has not been exhausted.
(6)A complaint under this paragraph may not be made after the later of—
(a)the end of the 1 year period beginning with the day on which the alleged failure that is the subject of the complaint last occurred, and
(b)if the substance of the complaint was subject to an internal complaints procedure, the end of the 3 month period beginning with the day on which that procedure was exhausted.
(7)The OEP may waive the time limit in sub-paragraph (6) if it considers that there are exceptional reasons for doing so.
Commencement Information
I1Sch. 3 para. 6 not in force at Royal Assent, see s. 147(6)(7)
I2Sch. 3 para. 6 in force at 28.2.2022 by S.R. 2022/54, art. 2(1)(a)