SCHEDULES

Section 19

SCHEDULE 1 The Office for Environmental Protection

Membership

1 (1) 5The OEP is to consist of—

(a) a Chair (who is to be a non-executive member),

(b) at least two, but not more than five, other non-executive members,

(c) a chief executive (who is to be the accounting officer), and

(d) at least one, but not more than three, other executive members.

(2) 10The members are to be appointed by the Secretary of State and the OEP in
accordance with paragraphs 2 and 3.

(3) In making those appointments, the Secretary of State and the OEP must
ensure, so far as practicable, that the number of non-executive members is at
all times greater than the number of executive members.

15Appointment of non-executive members

2 (1) Non-executive members are to be appointed by the Secretary of State.

(2) The Secretary of State must consult the Chair before appointing any other
non-executive member.

(3) The Secretary of State must, in appointing non-executive members, have
20regard to the desirability of the members (between them) having experience
of—

(a) law (including international law) relating to the natural
environment,

(b) environmental science,

(c) 25environmental policy, and

(d) investigatory and enforcement proceedings.

(4) A person may not be appointed as a non-executive member if the person is
an employee of the OEP.

Appointment of executive members

3 (1) 30The chief executive is to be appointed by the non-executive members of the
OEP, other than the first chief executive who is to be appointed by the Chair.

(2) The other executive members are to be appointed by the OEP.

(3) The Secretary of State must be consulted before a person is appointed as
chief executive.

(4) An executive member must be an employee of the OEP.

Terms of membership

4 (1) 5A member of the OEP holds and vacates office in accordance with the terms
of the member’s appointment, subject to the provisions of this Schedule.

(2) A person may not hold office as a member of the OEP if the person is
employed in the civil service of the State.

(3) A non-executive member must be appointed for a fixed term of no more than
105 years.

(4) The Secretary of State must, in determining the length of a non-executive
member’s term, have regard to the desirability of securing that the
appointments of non-executive members expire at different times.

(5) The previous appointment of a person as a non-executive member does not
15affect the person’s eligibility for re-appointment.

(6) A non-executive member—

(a) ceases to be a member of the OEP upon becoming its employee,

(b) may resign from office by giving notice to the Secretary of State, and

(c) may be removed from office by notice given by the Secretary of State
20on the grounds that the member—

(i) has without reasonable excuse failed to discharge the
member’s functions, or

(ii) is, in the opinion of the Secretary of State, unable or unfit to
carry out the member’s functions.

25Remuneration of non-executive members

5 (1) The OEP must pay its non-executive members such remuneration and
allowances as the Secretary of State may determine.

(2) If a person ceases to be a non-executive member, other than by reason of
their term of office expiring, and the Secretary of State determines that the
30person should be compensated because of special circumstances, the OEP
must pay compensation of such amount as the Secretary of State may
determine.

(3) The Secretary of State must consult the Chair before making a determination
under this paragraph.

35Staffing and remuneration

6 (1) The OEP may—

(a) appoint employees on such terms as it determines, and

(b) make such other arrangements for the staffing of the OEP as it
determines.

(2) 40The terms of the first chief executive’s appointment are to be determined by
the Chair.

(3) The OEP must pay its employees such remuneration as the OEP may
determine.

(4) The OEP must pay, or make provision for paying, to or in respect of a person
who is or has been an employee of the OEP, such sums as the OEP may
5determine with the approval of the Secretary of State in respect of pensions,
allowances and gratuities.

(5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of
employment to which a scheme under section 1 of the 1972 Act can apply),
in the list of “other Bodies”, at the appropriate place insert—

• 10““The Office for Environmental Protection.”

(6) The OEP must pay to the Minister for the Civil Service, at such times as the
Minister may direct, such sums as the Minister may determine in respect of
any increase in the sums payable out of money provided by Parliament
which is attributable to the provision of pensions by virtue of section 1 of the
151972 Act or section 1 of the Public Service Pensions Act 2013 in respect of
employees of the OEP.

Powers

7 (1) The OEP may do anything (other than something mentioned in sub-
paragraph (2)) it thinks appropriate for the purposes of, or in connection
20with, its functions.

(2) The OEP may not—

(a) accept gifts of money, land or other property, or

(b) form, participate in forming, or invest in, a company, partnership,
joint venture or other similar form of organisation.

25Committees

8 (1) The OEP may establish committees.

(2) A committee may include persons who are not members of the OEP
(whether or not they are employees of the OEP).

(3) A member of a committee who is neither a member nor an employee of the
30OEP is not entitled to vote at meetings of that committee.

(4) The OEP may pay such allowances as it may determine to any person who—

(a) is a member of a committee, but

(b) is neither a member, nor an employee, of the OEP.

Delegation to members, committees and employees

9 (1) 35The OEP may delegate any of its functions (other than a function mentioned
in sub-paragraph (4)) to—

(a) a member of the OEP,

(b) any of the OEP’s employees authorised for that purpose, or

(c) a committee of the OEP.

(2) 40The OEP must prepare a document that sets out its policy on how its
functions may be appropriately delegated (a “delegation policy”).

(3) A function is delegated under this paragraph to the extent, and on the terms,
that the OEP determines in accordance with its delegation policy.

(4) The OEP may not delegate the following functions—

(a) approving the strategy under section 20(3) (or a revision of it);

(b) 5approving a report under section 23 or 24;

(c) approving written advice to a Minister of the Crown under section
25(1) or (3);

(d) deciding whether to give an information notice;

(e) deciding whether to give a decision notice;

(f) 10deciding whether to apply for an environmental review (see section
33);

(g) deciding whether to apply for judicial review or a statutory review,
or to intervene in proceedings that relate to a judicial review or a
statutory review (see section 34);

(h) 15approving a delegation policy under sub-paragraph (2);

(i) approving a report on the exercise of the OEP’s functions under
paragraph 12(1) or a statement of accounts under paragraph 13(2).

Procedure

10 (1) The OEP may determine its own procedure, subject to sub-paragraph (2),
20and the procedure of its committees.

(2) A meeting of the OEP is not quorate unless—

(a) there are at least three members present, and

(b) a majority of the members present are non-executive members.

(3) The validity of any proceedings of the OEP is not affected by any vacancy
25among its members or by any defect in the appointment of such a member.

Funding

11 (1) The Secretary of State must pay to the OEP such sums as the Secretary of State
considers are reasonably sufficient to enable the OEP to carry out its functions.

(2) The Secretary of State may provide further financial assistance to the OEP
30(including by way of grants, loans, guarantees or indemnities) subject to such
conditions as the Secretary of State may determine.

Annual report

12 (1) As soon as reasonably practicable after the end of each financial year the
OEP must prepare a report on the exercise of its functions during that
35financial year.

(2) The OEP must—

(a) arrange for its report to be laid before Parliament, and

(b) publish it.

Annual accounts

13 (1) 40The OEP must keep proper accounts and proper records in relation to them.

(2) The OEP must prepare a statement of accounts in respect of each financial
year in the form specified by the Secretary of State.

(3) A statement of accounts must include an assessment by the OEP of whether,
in the financial year to which the statement relates, the Secretary of State
5provided it with sufficient sums to carry out its functions.

(4) The OEP must send a copy of each statement of accounts to the Secretary of
State and the Comptroller and Auditor General as soon as reasonably
practicable after the end of the financial year to which it relates.

(5) The Comptroller and Auditor General must—

(a) 10examine, certify and report on the statement of accounts, and

(b) send a copy of the certified statement and the report to the Secretary
of State and the OEP.

(6) The OEP must arrange for the laying before Parliament of a copy of—

(a) its certified statement of accounts, and

(b) 15the Comptroller and Auditor General’s report on its statement of
accounts.

Meaning of “financial year”

14 In this Schedule “financial year” means—

(a) the period beginning with the date on which the OEP is established
20and ending with 31 March following that date, and

(b) each successive period of 12 months.

Status

15 (1) The OEP is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) 25as enjoying any status, immunity or privilege of the Crown.

(2) The OEP’s property is not to be regarded as property of, or property held on
behalf of, the Crown.

(3) Service as a member, or as an employee, of the OEP is not service in the civil
service of the State.

30Independence of the OEP

16 In exercising functions in respect of the OEP, the Secretary of State must
have regard to the need to protect its independence.

Disqualification from membership of legislatures

17 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
35at the appropriate place insert—

• ““The Office for Environmental Protection.”

18 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975, at the appropriate place insert—

• ““The Office for Environmental Protection.”

Public records

19 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act
1958 (definition of public records), at the appropriate place insert—

• ““The Office for Environmental Protection.”

5Freedom of Information

20 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies), at the appropriate place insert—

• ““The Office for Environmental Protection.”

Investigation by the Parliamentary Commissioner

21 10In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
subject to investigation), at the appropriate place insert—

• ““The Office for Environmental Protection.”

Public sector equality duty

22 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the
15public sector equality duty), under the heading “Environment, housing and
development”, at the appropriate place insert—

• ““The Office for Environmental Protection.”

Section 42

SCHEDULE 2 Improving the natural environment: Northern Ireland

20Part 1 Environmental improvement plans

Environmental improvement plans

1 (1) The Department must prepare an environmental improvement plan.

(2) An “environmental improvement plan” is a plan for significantly improving
25the natural environment.

(3) The plan may—

(a) relate to a period specified in the plan, or

(b) be of no specified duration.

(4) An environmental improvement plan must set out—

(a) 30the steps that the Department intends to take to improve the natural
environment, and

(b) any steps that any other Northern Ireland department intends to take
to improve the natural environment.

(5) It may also set out steps that any Northern Ireland department intends to
35take to improve people’s enjoyment of the natural environment (and if it

does so references in this Schedule to improving the natural environment, in
relation to that plan, include improving people’s enjoyment of it).

(6) In preparing an environmental improvement plan, the Department must
consult such other Northern Ireland departments as it considers
appropriate.

(7) 5The Department must lay before the Northern Ireland Assembly, and
publish, an environmental improvement plan before the end of the 12 month
period beginning with the day on which this paragraph comes into force.

(8) References in this Schedule to the current environmental improvement plan
are to the environmental improvement plan for the time being in effect.

10Annual reports on environmental improvement plans

2 (1) The Department must prepare annual reports on the implementation of the
current environmental improvement plan.

(2) An annual report must—

(a) describe what has been done, in the period to which the report
15relates, to implement the environmental improvement plan, and

(b) consider, having regard to any data obtained under paragraph 5,
whether the natural environment has, or particular aspects of it have,
improved during that period.

(3) Annual reports on an environmental improvement plan must relate to—

(a) 20the 12 month period beginning with the day on which the plan is
published, and

(b) each subsequent 12 month period.

(4) An annual report must be laid before the Northern Ireland Assembly before
the end of the 4 month period beginning immediately after the last day of the
25period to which the report relates.

(5) The Department must publish annual reports laid before the Northern
Ireland Assembly under this paragraph.

Reviewing and revising environmental improvement plans

3 (1) The Department must—

(a) 30review the current environmental improvement plan in accordance
with this paragraph, and

(b) if the Department considers it appropriate as a result of the review,
revise the plan.

(2) The first review of an environmental improvement plan must be completed
35before the end of the 5 year period beginning with—

(a) if it is the first environmental improvement plan, the day on which it
is published, and

(b) otherwise, the day on which it replaces the previous plan (see
paragraph 4(6)).

(3) 40Subsequent reviews of an environmental improvement plan must be
completed before the end of the 5 year period beginning with the day on
which the previous review was completed.

(4) In reviewing an environmental improvement plan, the Department must—

(a) consider what has been done to implement the plan in the period
since it was published or (if it has been reviewed before) last
reviewed,

(b) 5consider whether, having regard to data obtained under paragraph
5, the natural environment has, or particular aspects of it have,
improved during that period, and

(c) consider whether any Northern Ireland department should take
further or different steps to improve the natural environment
10(compared to those set out in the plan).

(5) In reviewing and revising an environmental improvement plan, the
Department must consult such other Northern Ireland departments as it
considers appropriate.

(6) If as a result of a review the Department considers it appropriate to revise
15the plan, the Department must lay before the Northern Ireland Assembly—

(a) a revised environmental improvement plan, and

(b) a statement explaining the revisions and the reasons for them.

(7) If as a result of a review the Department does not consider it appropriate to
revise the plan, the Department must lay before the Northern Ireland
20Assembly a statement explaining that and the reasons for it.

(8) The Department must publish the documents laid under sub-paragraph (6)
or (7).

(9) A review is completed when the Department has laid and published the
documents mentioned in sub-paragraph (6) or (7).

(10) 25References in this Schedule to an environmental improvement plan include
a revised environmental improvement plan.

Renewing environmental improvement plans

4 (1) This paragraph applies where an environmental improvement plan relates
to a period specified in the plan.

(2) 30Before the end of the period to which the environmental improvement plan
(the “old plan”) relates, the Department must prepare a new environmental
improvement plan (the “new plan”).

(3) If the new plan relates to a period specified in the plan, that period must
begin no later than immediately after the end of the period to which the old
35plan relates.

(4) In preparing the new plan the Department must—

(a) consider what has been done to implement the old plan,

(b) consider whether, having regard to data obtained under paragraph
5, the natural environment has improved since the beginning of the
40period to which the old plan relates,

(c) consider whether any Northern Ireland department should take
further or different steps to improve the natural environment
(compared to those set out in the old plan) after the end of that
period, and

(d) 45consult such other Northern Ireland departments as it considers
appropriate.

(5) At or before the end of the period to which the old plan relates the
Department must lay before the Northern Ireland Assembly, and publish,
the new plan.

(6) The new plan replaces the old plan when—

(a) 5it has been laid and published, and

(b) if it relates to a period specified in the new plan, that period has
begun.

Environmental monitoring

5 (1) The Department must make arrangements for obtaining such data about the
10natural environment as the Department considers appropriate for the
purpose of monitoring whether the natural environment is, or particular
aspects of it are, improving in accordance with the current environmental
improvement plan.

(2) The Department must lay before the Northern Ireland Assembly, and
15publish, a statement setting out the kinds of data to be obtained under sub-
paragraph (1).

(3) The first statement must be laid before the end of the 4 month period
beginning with the day on which this paragraph comes into force.

(4) The Department may revise the statement at any time (and sub-paragraph
20(2) applies to any revised statement).

(5) The Department must publish any data obtained under sub-paragraph (1).

Part 2 Policy statement on environmental principles

Policy statement on environmental principles

6 (1) 25The Department must prepare a policy statement on environmental
principles in accordance with this paragraph and paragraph 7.

(2) A “policy statement on environmental principles” is a statement explaining
how the environmental principles should be interpreted and
proportionately applied by Northern Ireland departments when making
30policy.

(3) It may also explain how Northern Ireland departments, when interpreting
and applying the environmental principles, should take into account other
considerations relevant to their policy.

(4) The Department must be satisfied that the statement will, when it comes into
35effect, contribute to—

(a) the improvement of environmental protection, and

(b) sustainable development.

(5) In this Schedule “environmental principles” means the following
principles—

(a) 40the principle that environmental protection should be integrated into
the making of policies,

(b) the principle of preventative action to avert environmental damage,

(c) the precautionary principle, so far as relating to the environment,

(d) the principle that environmental damage should as a priority be
rectified at source, and

(e) the polluter pays principle.

5Policy statement on environmental principles: process

7 (1) The Department must prepare a draft of the policy statement on
environmental principles.

(2) The Department must consult—

(a) the other Northern Ireland departments, and

(b) 10such other persons as the Department considers appropriate,

in relation to the draft statement.

(3) The Department must lay the draft statement before the Northern Ireland
Assembly.

(4) If before the end of the 21 day period the Northern Ireland Assembly passes
15a resolution in respect of the draft statement, the Department must produce
a response and lay it before the Assembly.

(5) The Department must prepare and lay before the Northern Ireland
Assembly the final statement, but not before—

(a) if sub-paragraph (4) applies, the day on which the Department lays
20the response required by that sub-paragraph, or

(b) otherwise, the end of the 21 day period.

(6) The final statement has effect when it is laid before the Northern Ireland
Assembly.

(7) The Department must publish the statement when it comes into effect.

(8) 25The “21 day period” is the period of 21 sitting days beginning with the first
sitting day after the day on which the draft statement is laid under sub-
paragraph (3).

(9) The Department may prepare a revised policy statement on environmental
principles at any time (and this paragraph applies in relation to any revised
30statement).

(10) “Sitting day” means a day on which the Northern Ireland Assembly sits.

Policy statement on environmental principles: effect

8 (1) A Northern Ireland department must, when making policy, have due regard
to the policy statement on environmental principles currently in effect.

(2) 35A Minister of the Crown must, when making policy so far as relating to
Northern Ireland, have due regard to the policy statement on environmental
principles currently in effect.

(3) This paragraph does not require a Northern Ireland department or a
Minister of the Crown to do (or refrain from doing) anything that—

(a) 40would have no significant environmental benefit, or

(b) would be in any other way disproportionate to the environmental
benefit.