Environment Act 2021

Information notices

9 (1) The OEP may give an information notice to a relevant public authority if—

(a) the OEP has reasonable grounds for suspecting that the authority has failed to comply with relevant environmental law, and

(b) it considers that the failure, if it occurred, would be serious.

(2) An information notice is a notice which—

(a) describes an alleged failure of a relevant public authority to comply with relevant environmental law,

(b) explains why the OEP considers that the alleged failure, if it occurred, would be serious, and

(c) requests that the authority provide such information relating to the allegation as may be specified in the notice.

(3) The recipient of an information notice must—

(a) respond in writing to the notice, and

(b) so far as is reasonably practicable, provide the OEP with the information requested in the notice.

(4) The recipient of an information notice must comply with sub-paragraph (3) by—

(a) the end of the 2 month period beginning with the day on which the notice was given, or

(b) such later date as may be specified in the notice.

(5) The written response to an information notice must set out—

(a) the recipient’s response to the allegation described in the notice, and

(b) what steps (if any) the recipient intends to take in relation to the allegation.

(6) The OEP may—

(a) withdraw an information notice;

(b) give more than one information notice in respect of the same alleged failure of a relevant public authority to comply with relevant environmental law.

(7) Where the OEP intends to give an information notice to a relevant public authority in respect of an alleged failure to comply with relevant environmental law which relates to emissions of greenhouse gases (within the meaning of the Climate Change Act 2008), the OEP—

(a) must notify the Committee on Climate Change of its intention before it gives the notice to the authority, and

(b) must provide that Committee with such information relating to the alleged failure as the OEP considers appropriate.