- Latest available (Revised)
- Point in Time (01/01/2023)
- Original (As enacted)
Point in time view as at 01/01/2023.
There are currently no known outstanding effects for the Environment Act 2021, Paragraph 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
7(1)The OEP may carry out an investigation under this paragraph if it receives a complaint made under paragraph 6 that, in its view, indicates that—
(a)a relevant public authority may have failed to comply with relevant environmental law, and
(b)if it has, the failure would be a serious failure.
(2)The OEP may carry out an investigation under this paragraph without having received such a complaint if it has information that, in its view, indicates that—
(a)a relevant public authority may have failed to comply with relevant environmental law, and
(b)if it has, the failure would be a serious failure.
(3)An investigation under this paragraph is an investigation into whether the relevant public authority has failed to comply with relevant environmental law.
(4)The OEP must notify the relevant public authority of the commencement of the investigation.
(5)The OEP must prepare a report on the investigation and provide it to the relevant public authority.
(6)The OEP is not required to prepare a report until it has concluded that it intends to take no further steps under this Part of this Schedule in relation to the alleged failure to comply with relevant environmental law that is the subject of the investigation.
(7)The OEP is not required to prepare a report if it has made a review application, or an application for judicial review by virtue of paragraph 13(1), in relation to the alleged failure.
(8)The report must set out—
(a)whether the OEP considers that the relevant public authority has failed to comply with relevant environmental law,
(b)the reasons the OEP came to that conclusion, and
(c)any recommendations the OEP may have (whether generally or for the relevant public authority) in light of those conclusions.
(9)The OEP may publish the report or parts of it.
(10)If the public authority is not a Northern Ireland department, the OEP must also—
(a)notify the relevant department of the commencement of the investigation, and
(b)provide the relevant department with the report prepared under sub-paragraph (5).
(11)In this Part “the relevant department”, in relation to a failure (or alleged failure) of a relevant public authority to comply with relevant environmental law, means the Northern Ireland department that the OEP considers appropriate having regard to the nature of the authority and the nature of the failure.
Commencement Information
I1Sch. 3 para. 7 not in force at Royal Assent, see s. 147(6)(7)
I2Sch. 3 para. 7 in force at 28.2.2022 by S.R. 2022/54, art. 2(1)(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: