Schedule 3: The Office for Environmental Protection: Northern Ireland Part 2: Amendments of the OEP’s general functions
Part 1 of this Schedule sets out the Northern Ireland-specific provisions with respect to the OEP.
	Paragraph 20 clarifies that Part 2 of this Schedule (paragraphs 21 to 29) amends the general OEP provisions in Part 1 of the Act to reflect the extension of the OEP’s geographical coverage to Northern Ireland.
	Paragraph 21 amends section 23 of the Act, which sets out the principal objective of the OEP and other provisions about its functions. Specifically, sub-paragraphs (2) to (5) make the changes necessary to reflect the application of the OEP’s statutory functions in Northern Ireland. For example, sub-paragraph (4) specifies that the OEP, when prioritising its enforcement cases, should consider whether a case raises a point of environmental law or Northern Ireland environmental law of general public importance.
	Paragraph 22 amends section 24 to require the laying of the OEP’s strategy before the Northern Ireland Assembly as well as before Parliament.
	Paragraph 23 amends section 25 to ensure that any guidance issued by the Secretary of State under section 25 will not apply to the OEP’s devolved enforcement functions in Northern Ireland, as set out in Schedule 3.
	Paragraph 24 inserts a new section (section 25A) to provide that the Department may issue guidance to the OEP on its enforcement policy, specifically the matters listed under section 23(6) (OEP’s enforcement policy) so far as relating to the OEP’s devolved enforcement functions in Northern Ireland.
	Subsection (2) of this new section would require that the OEP have regard to this guidance in preparing its enforcement policy so far as relating to its Northern Ireland enforcement function and in exercising its devolved enforcement functions in Northern Ireland. As set out in subsection (5), the OEP’s devolved enforcement functions in Northern Ireland are its functions under paragraphs 6 to 15 of Schedule 3.
	Subsection (6) requires the Department, prior to issuing any guidance, to lay a draft before the Assembly where it must lie for 21 days.
	Subsection (7) requires the Department to respond to any resolution from the Assembly regarding that draft guidance passed within that 21 day period.
	Subsection (8) provides for the Department to lay its final guidance before the Assembly provided it has lain for 21 days and that the Department has responded under subsection (7) to any resolution from the Assembly.
	Subsection (9) provides that this guidance comes into effect upon the final guidance being laid before the Assembly.
	Subsection (10) requires the Department to publish the guidance once it comes into effect.
	Subsections (11) and (12) define the 21 day period and confirms that days withing the 21 day period areas 21 "sitting days", meaning days on which the Northern Ireland Assembly sits.
	Under subsection (13), the Department may revise the guidance at any time.
	Paragraph 25 extends the duty to co-operate with the OEP as set out in section 27 of the Act to Northern Ireland public authorities and other public authorities exercising Northern Ireland devolved functions. Specifically, the amendment made by sub-paragraph (2)(a) indicates that Northern Ireland departments are not exempt from the statutory duty on public authorities to co-operate with the OEP. The amendment made by sub-paragraph (2)(b) excludes any person whose only public functions are devolved functions in Northern Ireland from the exemption to co-operate with the OEP. The amendment made by sub-paragraph (4) makes explicit mention of the implementation bodies as defined in section 55 of the Northern Ireland Act 1998, clarifying that they are only required to co-operate in relation to their functions in Northern Ireland.
	Paragraph 26 amends section 37 of the Act to enable the OEP to designate notices issued to UK public authorities and relevant public authorities as "linked notices".
	Paragraph 27 amends section 43 of the Act (confidentiality of proceedings) to include appropriate provision for Northern Ireland. Specifically, sub-paragraph (2)(b) extends the provision to facilitate the coordination of an investigation between the OEP and the Northern Ireland Public Services Ombudsman.
	Paragraph 28 sets out the amendments required to section 47 of the Act (interpretation of Part 1 of the Act) to ensure appropriate provision for Northern Ireland and redefines what is meant by "devolved" to no longer include Northern Ireland.
	Paragraph 29 makes various amendments to Schedule 1 (the Office for Environmental Protection) to provide for the inclusion of Northern Ireland in the OEP. This includes making provision for the Department to be jointly responsible for the appointment of the chair and to be consulted on the appointments of the non-executive members and the chief executive. The amendments provide for a non-executive "Northern Ireland Member" to be appointed to the board by the Department – setting out the experience that member must have – and provides for any resignations or removals from office of non-executive and Northern Ireland members. Paragraph 28 also makes provisions in relation to funding of the OEP and reporting requirements.
	Paragraph 30 makes amendments to Schedule 2 (improving the natural environment: Northern Ireland) to reflect the extension of the OEP’s geographical coverage to Northern Ireland.