PART 1

Environmental governance
CHAPTER 2

The Office for Environmental Protection

The OEP's enforcement functions

Failure of public authorities to comply with environmental law
31
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.