Environment Bill (HC Bill 3)

(b) requires a person to provide the OEP with information that the
person would be entitled, or required by any rule of law, to refuse to
provide in civil proceedings on grounds of public interest immunity.

(3) No obligation of secrecy imposed by statute or otherwise prevents the
5Northern Ireland Public Services Ombudsman from providing information
to the OEP for purposes connected with the exercise of the OEP’s functions
under paragraph 7.

(4) Nothing in this Part of this Schedule requires or authorises a disclosure of
information which, although made in accordance with a duty or a power
10provided for in this Part of this Schedule, would contravene the data
protection legislation.

(5) In this paragraph “the data protection legislation” has the same meaning as
in the Data Protection Act 2018 (see section 3(9) of that Act).

Confidentiality of proceedings

17 (1) 15The OEP must not disclose—

(a) information obtained under paragraph 9(3)(b), or

(b) correspondence between the OEP and a relevant public authority
that—

(i) relates to a particular information notice or decision notice, or

(ii) 20is, or contains, such a notice.

(2) Sub-paragraph (1) does not apply to a disclosure—

(a) other than a disclosure of an information notice or a decision notice,
made with the consent of the person who provided the information
or correspondence;

(b) 25made for purposes connected with an investigation under paragraph
7 or section 28;

(c) made for purposes connected with the co-ordination of an
investigation under paragraph 7 and an investigation by the
Northern Ireland Public Services Ombudsman;

(d) 30made for purposes connected with the co-ordination of an
investigation under section 28 and an investigation by a relevant
ombudsman;

(e) made for the purposes of any publication of a report (or part of it) on
an investigation under paragraph 7 or section 28;

(f) 35made for purposes connected with the exercise of the OEP’s
functions under paragraphs 9 to 15 or sections 30 to 36
(enforcement);

(g) made to a devolved environmental governance body for purposes
connected with the exercise of a devolved environmental
40governance function;

(h) made for purposes connected with the protection of the natural
environment in a country or territory outside the United Kingdom,
to an authority of that country or territory, or an international
organisation, that has functions in connection with the protection of
45the natural environment in that country or territory;

(i) of information, or correspondence, that relates only to a matter in
relation to which the OEP has concluded that it intends to take no

further steps under this Part of this Schedule or under Chapter 2 of
Part 1 of this Act.

(3) A relevant public authority must not disclose correspondence between the
OEP and that, or any other, relevant public authority that—

(a) relates to a particular information notice, decision notice, UK
5information notice or UK decision notice, or

(b) is, or contains, such a notice.

(4) Sub-paragraph (3) does not apply to a disclosure—

(a) made—

(i) in the case of a disclosure of correspondence between another
10relevant public authority and the OEP other than
correspondence that is, or contains, an information notice, a
decision notice, a UK information notice or a UK decision
notice, with the consent of that authority and the OEP, or

(ii) in any other case, with the specific or general consent of the
15OEP;

(b) made for purposes connected with co-operating with any
investigation under paragraph 7 or section 28;

(c) made for purposes connected with responding to any information
notice or decision notice;

(d) 20made for purposes connected with any proceedings in relation to a
review application, an environmental review, a judicial review or a
statutory review.

(5) The OEP may not give a person consent to disclose an information notice, a
decision notice, a UK information notice or a UK decision notice unless that
25notice relates only to a matter in relation to which the OEP has concluded
that it intends to take no further steps under this Part of this Schedule or
under Chapter 2 of Part 1 of this Act.

(6) If a relevant public authority requests the consent of the OEP to disclose
correspondence that relates only to a matter in relation to which the OEP has
30concluded that it intends to take no further steps under this Part of this
Schedule or under Chapter 2 of Part 1 of this Act, the OEP may not withhold
that consent.

(7) If information referred to in sub-paragraph (1) and held by the OEP, or
referred to in sub-paragraph (3) and held by a relevant public authority, is
35environmental information for the purposes of the Environmental
Information Regulations 2004 (S.I. 2004/3391) or the Environmental
Information (Scotland) Regulations 2004 (S.S.I. 2004/520), it is held by that
person, for the purposes of the application of those regulations to that
information, in connection with confidential proceedings.

40Meaning of UK environmental law and Northern Ireland environmental law

18 (1) In this Part of this Schedule “UK environmental law” means anything which
is environmental law for the purposes of Part 1 of this Act (see section 40).

(2) In this Part of this Schedule “Northern Ireland environmental law” means
any Northern Ireland legislative provision that—

(a) 45is mainly concerned with an environmental matter, and

(b) is not concerned with an excluded matter.

(3) Environmental matters are—

(a) protecting the natural environment from the effects of human
activity;

(b) protecting people from the effects of human activity on the natural
5environment;

(c) maintaining, restoring or enhancing the natural environment;

(d) monitoring, assessing, considering, advising or reporting on
anything in paragraphs (a) to (c).

(4) Excluded matters are—

(a) 10disclosure of or access to information;

(b) taxation, spending or the allocation of resources within government.

(5) “Northern Ireland legislative provision” means—

(a) legislative provision contained in, or in an instrument made under,
Northern Ireland legislation, and

(b) 15legislative provision not within paragraph (a) which, if contained in
an Act of the Northern Ireland Assembly, would be within the
legislative competence of the Assembly and would not require the
Secretary of State’s consent.

(6) The Department may by regulations specify Northern Ireland legislative
20provisions which are, or are not, Northern Ireland environmental law (either
by describing them or by identifying them).

(7) Before making regulations under sub-paragraph (6) the Department must
consult—

(a) the OEP, and

(b) 25any other persons the Department considers appropriate.

(8) Regulations under sub-paragraph (6) are subject to the affirmative
procedure.

Interpretation of Part 1 of this Schedule: general

19 (1) In this Part of this Schedule—

• 30“current environmental improvement plan” has the meaning it has in
  Schedule 2 (see paragraph 1(8) of that Schedule);

• “decision notice” means a notice given under paragraph 10;

• “the Department” means the Department of Agriculture, Environment
  and Rural Affairs;

• 35“devolved environmental governance body” has the meaning it has in
  Part 1 of this Act (see section 41);

• “devolved environmental governance function” has the meaning it has
  in Part 1 of this Act (see section 41);

• “environmental improvement plan” has the meaning it has in Schedule
  402 (see paragraphs 1 and 3(10) of that Schedule);

• “environmental review” has the meaning it has in Part 1 of this Act (see
  section 33);

• “implementation body” has the meaning it has in section 55 of the
  Northern Ireland Act 1998 (see subsection (3) of that section);

• 45“improving the natural environment”, in relation to an environmental
  improvement plan, is to be read in accordance with paragraph 1(5)
  of Schedule 2;

Environment BillPage 143

• “information notice” means a notice given under paragraph 9;

• “natural environment” has the meaning it has in Part 1 of this Act (see
  section 39);

• “Northern Ireland devolved function” has the meaning given by
  5paragraph 5(5);

• “OEP” has the meaning given by section 19;

• “parliamentary function” means a function in connection with
  proceedings in Parliament or the Northern Ireland Assembly;

• “relevant department” has the meaning given by paragraph 7(11);

• 10“relevant environmental law” has the meaning given by paragraph
  5(2);

• “relevant ombudsman” has the meaning it has in Part 1 of this Act (see
  section 20;

• “relevant public authority” has the meaning given by paragraph 5(3);

• 15“review application” has the meaning given by paragraph 12(4);

• “UK decision notice” has the meaning given by paragraph 11(7);

• “UK information notice” has the meaning given by paragraph 11(7).

(2) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
applies in relation to the laying of a document before the Northern Ireland
20Assembly under this Part of this Schedule, as it applies in relation to the
laying of a statutory document under an Act of the Northern Ireland
Assembly.

Part 2 Amendments of the OEP’s general functions

20 25This Act is amended in accordance with paragraphs 21 to 28.

21 (1) Section 20 (principal objective of the OEP and exercise of its functions) is
amended as follows.

(2) In subsection (6)—

(a) after paragraph (a) insert—

“(aa) 30how the OEP intends to determine whether failures to
comply with relevant environmental law are serious
for the purposes of paragraphs 7(1)(b) and (2)(b),
9(1)(b), 10(1)(b) and 12(3)(a) of Schedule 3,”;

(b) at the end of paragraph (b) insert “or paragraph 12(3)(b) of Schedule
353,”;

(c) omit the “and” at the end of paragraph (d);

(d) after paragraph (d) insert—

“(da) how the OEP intends to avoid any overlap between
the exercise of its functions under paragraphs 6 to 8 of
40Schedule 3 (complaints) and the exercise by the
Northern Ireland Public Services Ombudsman of its
functions, and”.

(3) In subsection (7)(c) after “environmental law” insert “or Northern Ireland
environmental law”.

(4) After subsection (7) insert—

“(7A) In this section “relevant environmental law” and “Northern Ireland
environmental law” have the meanings they have in Part 1 of
Schedule 3 (see paragraphs 5 and 18(2) of that Schedule).”

(5) 5In subsection (8) after “sections 27 to 36” insert “and paragraphs 6 to 15 of
Schedule 3”.

22 In section 21 (the OEP’s strategy: process), in subsection (1)(a) after
“Parliament” insert “and the Northern Ireland Assembly”.

23 (1) Section 22 (co-operation duties of public authorities and the OEP) is
10amended as follows.

(2) In subsection (2)—

(a) in paragraph (d) for “, the Welsh Ministers, a Northern Ireland
department or a Minister within the meaning of the Northern Ireland
Act 1998” substitute “or the Welsh Ministers”;

(b) 15in paragraph (f) for “devolved functions” substitute “Scottish
devolved functions or Welsh devolved functions”.

(3) In subsection (3) for “devolved functions”, in both places it occurs, substitute
“Scottish devolved functions or Welsh devolved functions”.

(4) After subsection (3) insert—

“(3A) 20An implementation body is only required to co-operate with the OEP
by virtue of subsection (1) to the extent that co-operation is in relation
to functions of that body exercisable in or as regards Northern
Ireland.”

24 (1) Section 32 (linked notices) is amended as follows.

(2) 25After subsection (2) insert—

“(2A) If the OEP considers that an information notice or decision notice
relates to conduct that is the same or similar to conduct that is the
subject of a Northern Ireland information notice or Northern Ireland
decision notice it may determine that those notices are linked notices
30in relation to each other.”

(3) In subsection (3) for paragraph (c) substitute—

“(c) a copy of any relevant correspondence between the OEP and
the relevant Minister if—

(i) the linked notice to which the correspondence relates
35is neither a Northern Ireland information notice nor a
Northern Ireland decision notice, and

(ii) neither the recipient of the notice nor the recipient of
the linked notice is a Minister of the Crown.”

25 (1) Section 38 (confidentiality of proceedings) is amended as follows.

(2) 40In subsection (2)—

(a) in paragraph (b) after “section 28” insert “or paragraph 7 of Schedule
3 (functions of the OEP in Northern Ireland)”;

(b) after paragraph (c) insert—

“(ca) made for purposes connected with the co-ordination
of an investigation under paragraph 7 of Schedule 3
and an investigation by the Northern Ireland Public
5Services Ombudsman;”;

(c) in paragraph (d) after “section 28” insert “or paragraph 7 of Schedule
3”;

(d) in paragraph (e) after “sections 30 to 36” insert “or paragraphs 9 to 15
of Schedule 3”;

(e) 10in paragraph (h) after “this Chapter” insert “or Part 1 of Schedule 3”.

(3) In subsection (3)(a) for “or decision notice” substitute “, decision notice,
Northern Ireland information notice or Northern Ireland decision notice”.

(4) In subsection (4)—

(a) in paragraph (a)(i) for “or a decision notice” substitute “, a decision
15notice, a Northern Ireland information notice or a Northern Ireland
decision notice”;

(b) in paragraph (b) after “section 28” insert “or paragraph 7 of Schedule
3”;

(c) in paragraph (d) after “judicial review” insert “(which includes a
20review application)”.

(5) In subsection (5)—

(a) for “or a decision notice” substitute “, a decision notice, a Northern
Ireland information notice or a Northern Ireland decision notice”;

(b) after “this Chapter” insert “or Part 1 of Schedule 3”.

(6) 25In subsection (6) after “this Chapter” insert “or Part 1 of Schedule 3”.

26 (1) Section 41 (interpretation of Part 1 of the Act) is amended as follows.

(2) The existing text becomes subsection (1).

(3) In that subsection—

(a) in the definition of “devolved environmental governance
30function”—

(i) for “devolved function” substitute “Scottish devolved
function or Welsh devolved function”;

(ii) after “this Part” insert “or Part 1 of Schedule 3 (functions of
the OEP in Northern Ireland)”;

(b) 35at the appropriate places insert—

• “““Northern Ireland decision notice” means a notice
  given under paragraph 10 of Schedule 3 (functions of
  the OEP in Northern Ireland);”;

• “““Northern Ireland information notice” means a notice
  40given under paragraph 9 of Schedule 3;”;

• “““review application” has the meaning it has in Part 1 of
  Schedule 3 (see paragraph 12 of that Schedule)”;

• “““Scottish devolved function” means a function
  exercisable in or as regards Scotland, the exercise of
  45which would be within devolved competence (within
  the meaning of section 54 of the Scotland Act 1998);”;

• “““Welsh devolved function” means a function
  exercisable in or as regards Wales that could be
  conferred by provision falling within the legislative
  competence of the National Assembly for Wales (see
  5section 108A of the Government of Wales Act 2006).”.

(4) After that subsection insert—

“(2) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33
(N.I.)) applies in relation to the laying of a document before the
Northern Ireland Assembly under this Part, as it applies in relation
10to the laying of a statutory document under an Act of the Northern
Ireland Assembly.”

27 (1) Schedule 1 is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1), after paragraph (a) insert—

“(aa) 15a Northern Ireland member (who is to be a non-
executive member),”;

(b) in sub-paragraph (2) after “Secretary of State” insert “, the Northern
Ireland Department”;

(c) in sub-paragraph (3)—

(i) 20for “In making those appointments,” substitute “When
exercising their functions of appointment”;

(ii) after “non-executive members” insert “(including the
Northern Ireland member)”.

(3) In paragraph 2 for sub-paragraphs (1) and (2) substitute—

“(1) 25The Chair is to be appointed by the Secretary of State acting jointly
with the Northern Ireland Department, other than the first Chair
who is to be appointed by the Secretary of State.

(2) The Northern Ireland member is to be appointed by the Northern
Ireland Department after consulting the Secretary of State and the
30Chair.

(2A) The other non-executive members are to be appointed by the
Secretary of State after consulting the Northern Ireland
Department and the Chair.

(2B) The Northern Ireland Department must appoint as the Northern
35Ireland member a person with experience of—

(a) Northern Ireland environmental law (within the meaning
of Part 1 of Schedule 3),

(b) environmental science in Northern Ireland, or

(c) environmental regulation in Northern Ireland.”

(4) 40In paragraph 3(3) after “Secretary of State” insert “and the Northern Ireland
Department”.

(5) In paragraph 4—

(a) in sub-paragraph (4) after “of non-executive members” insert
“(including the Northern Ireland member)”;

(b) after that sub-paragraph insert—

“(4A) The Northern Ireland Department must, in determining
the length of a Northern Ireland member’s term, have
regard to the desirability of securing that the appointments
5of non-executive members expire at different times.”;

(c) for sub-paragraph (6) substitute—

“(6) A non-executive member ceases to be a member of the OEP
upon becoming its employee.

(7) A non-executive member, other than the Northern Ireland
10member—

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

(b) may be removed from office by notice given by the
Secretary of State, after consulting the Northern
15Ireland Department, on 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,
20unable or unfit to carry out the member’s
functions.

(8) The Northern Ireland member—

(a) may resign from office by giving notice to the
Northern Ireland Department, and

(b) 25may be removed from office by notice given by the
Northern Ireland Department after consulting the
Secretary of State, on the grounds that the
member—

(i) has without reasonable excuse failed to
30discharge the member’s functions, or

(ii) is, in the opinion of the Northern Ireland
Department, unable or unfit to carry out the
member’s functions.”

(6) In paragraph 9(4)—

(a) 35in paragraph (b) after “section 23 or 24” insert “, or a report under
paragraph 1 or 2 of Schedule 3 (functions of the OEP in Northern
Ireland)”;

(b) in paragraph (c) after “section 25(1) or (3)” insert “, or written advice
to a Northern Ireland Department under paragraph 3(1) or (3) of
40Schedule 3”;

(c) in paragraph (d) after “information notice” insert “or a Northern
Ireland information notice”;

(d) in paragraph (e) after “decision notice” insert “or a Northern Ireland
decision notice”;

(e) 45after paragraph (g) insert—

“(ga) deciding whether to make a review application (see
paragraph 12 of Schedule 3) or to intervene in
proceedings that relate to a judicial review (see
paragraph 13 of that Schedule);”.

(7) In paragraph 11—

(a) in sub-paragraph (1)—

(i) after “Secretary of State”, in the first place it occurs, insert
“and the Northern Ireland Department”;

(ii) 5after “must” insert “, between them,”;

(iii) for “the Secretary of State considers” substitute “they
consider”;

(b) in sub-paragraph (2)—

(i) after “Secretary of State”, in the first place it occurs, insert “,
10or the Northern Ireland Department,”;

(ii) after “Secretary of State”, in the second place it occurs, insert
“, or that department,”.

(8) In paragraph 12(2)(a) after “Parliament” insert “and the Northern Ireland
Assembly”.

(9) 15In paragraph 13—

(a) in sub-paragraph (3) after “Secretary of State” insert “and the
Northern Ireland Department”;

(b) in sub-paragraph (4) after “Secretary of State” insert “, the Northern
Ireland Department”;

(c) 20in sub-paragraph (5)(b) after “Secretary of State” insert “, the
Northern Ireland Department”;

(d) in sub-paragraph (6) after “Parliament” insert “and the Northern
Ireland Assembly”.

(10) In paragraph 16 after “Secretary of State” insert “and the Northern Ireland
25Department”.

(11) After paragraph 22 insert—

““Meaning of “the Northern Ireland Department”

23 In this Schedule “the Northern Ireland Department” means the
Department of Agriculture, Environment and Rural Affairs in
30Northern Ireland.”

28 (1) Schedule 2 (improving the natural environment: Northern Ireland) is
amended as follows.

(2) In paragraph 3(4)(b) after “under paragraph 5” insert “and reports made by
the OEP under paragraph 1 of Schedule 3”.

(3) 35In paragraph 4(4)(b) after “under paragraph 5” insert “and reports made by
the OEP under paragraph 1 of Schedule 3”.

(4) In paragraph 10(1) at the appropriate place insert—

• “““OEP” has the meaning given by section 19;”.

Section 44

SCHEDULE 4 40Producer responsibility obligations

1 The Environment Act 1995 is amended as follows.

2 (1) Section 93 (producer responsibility: general) is amended as follows.

(2) In subsection (1), for the words from the beginning to “Secretary of State”
substitute “The relevant national authority”.

(3) After subsection (1) insert—

“(1A) 5Regulations under subsection (1) may be made for any of the
following purposes—

(a) preventing a product or material becoming waste, or
reducing the amount of a product or material that becomes
waste;

(b) 10sustaining a minimum level of, or promoting or securing an
increase in, the re-use, redistribution, recovery or recycling of
products or materials.”

(4) In subsection (2)—

(a) for “Secretary of State” substitute “relevant national authority”;

(b) 15for “him” substitute “it”;

(c) for “he” substitute “it”.

(5) In subsection (3) for “Secretary of State” substitute “relevant national
authority”.

(6) Omit subsection (4).

(7) 20Omit subsection (5).

(8) In subsection (6)—

(a) in the words before paragraph (a) for “subsections (3) and (5)”
substitute “subsection (3)”;

(b) in paragraph (a) for the words from “result” to the end substitute
25“achieve one or more of the purposes in subsection (1A)”;

(c) in paragraph (b) for “any such increase” substitute “the proposed
exercise of the power”;

(d) in paragraph (e), for the words before sub-paragraph (i) substitute
“that the burdens imposed by the regulations are imposed on
30persons most able to make a contribution to securing those
benefits—”.

(9) In subsection (7)—

(a) for “Secretary of State” substitute “relevant national authority”;

(b) for “he” substitute “it”.

(10) 35After subsection (7) insert—

“(7A) In this section the “relevant national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers or the Secretary of
State;

(c) 40in relation to Scotland, the Scottish Ministers or the Secretary
of State.

(7B) Regulations under this section made by the Secretary of State may
not contain provision that could be contained in regulations under
this section made by another relevant national authority, unless that
45authority consents.”