PART 1Environmental governance
CHAPTER 2The Office for Environmental Protection
The OEP's enforcement functions
31Failure of public authorities to comply with environmental law
(1)
Sections 32 to 41 make provision about functions of the OEP in relation to failures by public authorities to comply with environmental law.
(2)
For the purposes of those sections, a reference to a public authority failing to comply with environmental law means the following conduct by that authority—
(a)
unlawfully failing to take proper account of environmental law when exercising its functions;
(b)
unlawfully exercising, or failing to exercise, any function it has under environmental law.
(3)
In this Part “public authority” means a person carrying out any function of a public nature that is not a devolved function, a parliamentary function or a function of any of the following persons—
(a)
the OEP;
(b)
a court or tribunal;
(c)
either House of Parliament;
(d)
a devolved legislature;
(e)
the Scottish Ministers, the Welsh Ministers, a Northern Ireland department or a Minister within the meaning of the Northern Ireland Act 1998.