Environment Act 2021

25 Guidance on the OEP’s enforcement policy and functions

(1) The Secretary of State may issue guidance to the OEP on the matters listed in section 23(6) (OEP’s enforcement policy).

(2) The OEP must have regard to the guidance in—

(a) preparing its enforcement policy, and

(b) exercising its enforcement functions.

(3) The OEP’s “enforcement functions” are its functions under sections 32 to 41.

(4) Before issuing the guidance, the Secretary of State must—

(a) prepare a draft, and

(b) lay the draft before Parliament.

(5) If before the end of the 21 day period—

(a) either House of Parliament passes a resolution in respect of the draft guidance, or

(b) a committee of either House of Parliament, or a joint committee of both Houses, makes recommendations in respect of the draft guidance,

the Secretary of State must produce a response and lay it before Parliament.

(6) The Secretary of State may prepare and lay before Parliament the final guidance, but not before—

(a) if subsection (5) applies, the day on which the Secretary of State lays the response required by that subsection, or

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

(7) The final guidance has effect when it is laid before Parliament.

(8) The Secretary of State must publish the guidance when it comes into effect.

(9) The “21 day period” is the period of 21 sitting days beginning with the first sitting day after the day on which the draft guidance is laid under subsection (4).

(10) “Sitting day” means a day on which both Houses of Parliament sit.

(11) The Secretary of State may revise the guidance at any time (and subsections (4) to (10) apply in relation to any revised guidance).