Environment Act 2021 (c. 30)

SCHEDULES

SCHEDULE 3 U.K. The Office for Environmental Protection: Northern Ireland

PART 1 U.K. The OEP’s Northern Ireland functions

Meaning of relevant environmental law, relevant public authority etc N.I.

5 (1) The following definitions apply for the purpose of this Part of this Schedule.

(2) “Relevant environmental law” means—

(a) in relation to a Northern Ireland public authority, UK environmental law or Northern Ireland environmental law;

(b) in relation to any other relevant public authority, Northern Ireland environmental law.

(3) “Relevant public authority” means—

(a) a Northern Ireland public authority, or

(b) a person, other than a Northern Ireland public authority, carrying out any function of a public nature in or as regards Northern Ireland that is not a parliamentary function or a function of any of the following persons—

(i) the OEP;

(ii) a court or tribunal;

(iii) either House of Parliament;

(iv) the Northern Ireland Assembly.

(4) “Northern Ireland public authority” means—

(a) a Northern Ireland department, or

(b) a person carrying out a Northern Ireland devolved function (including an implementation body carrying out such a function) that is not a function in connection with proceedings in the Northern Ireland Assembly or a function of any of the following persons—

(i) the OEP;

(ii) a court or tribunal;

(iii) the Northern Ireland Assembly.

(5) “Northern Ireland devolved function” means a function of a public nature exercisable in or as regards Northern Ireland that could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

Commencement Information

I1 Sch. 3 para. 5 not in force at Royal Assent, see s. 147(6)(7)

I2 Sch. 3 para. 5 in force at 28.2.2022 by S.R. 2022/54, art. 2(1)(a)