PART 1

Environmental governance
CHAPTER 2

The Office for Environmental Protection

The OEP's enforcement functions

Linked notices
37
1
If the OEP gives an information notice or a decision notice to more than one public authority in respect of the same or similar conduct, it may determine that those notices are linked.
2
A Minister of the Crown may request that the OEP determine that information notices or decision notices are linked and the OEP must have regard to that request.
3
The OEP must provide the recipient of an information notice or a decision notice (a “principal notice”) with a copy of every information notice or decision notice which is linked to it (and such a notice is referred to in this section as a “linked notice”).
4
The OEP must provide the recipient of a principal notice with a copy of any relevant correspondence, relating to a linked notice, between the OEP and the recipient of that linked notice.
5
The OEP must provide the recipient of a principal notice with a copy of any relevant correspondence between the OEP and the relevant Minister that relates to a linked notice.
6
Subsection (5) does not apply where either the recipient of the principal notice or the linked notice is a Minister of the Crown.
6A
If the OEP considers that an information notice or a decision notice relates to conduct that is the same as 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.
6B
The OEP must provide the recipient of an information notice or a decision notice with—
a
a copy of every Northern Ireland information notice or Northern Ireland decision notice which is linked to it, and
b
a copy of any relevant correspondence, relating to such a notice, between the OEP and the recipient of that notice.
7
The obligation to provide a copy of any notice or correspondence under this section does not apply where the OEP considers that in the circumstances it would not be in the public interest to do so.
8
For the purposes of this section, correspondence is relevant if—
a
it is not correspondence in connection with an environmental review or any other legal proceedings (such as judicial review), and
b
it is not correspondence sent by virtue of section 40(1)(a) or (b).
S. 37 not in force at Royal Assent, see s. 147(3)
S. 37 in force at 24.1.2022 by S.I. 2022/48, reg. 2(g)
S. 37(6A)(6B) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 26 (with s. 144); S.R. 2022/54, art. 2(1)(a)