Part 1: Environmental Governance Chapter 2: The Office for Environmental Protection Section 37: Linked notices
This section deals with the scenario in which the OEP considers that a notice should be issued to more than one public authority concerning the same or similar breaches of environmental law. In such a scenario, the OEP could issue information or decision notices in parallel to both (or all) parties, and determine that these are "linked" under subsection (1). Public authorities may make joint or separate responses to linked notices.
	The OEP may wish to issue linked notices in various circumstances, including for example:
If a serious breach occurred for which a local authority was immediately responsible in the local area, but in relation to which a Secretary of State also had national duties, it might be appropriate for the OEP to commence enforcement proceedings (via notices) against both the local authority in question and the Secretary of State.
If a cross-boundary incident occurred where two or more local authorities failed to properly carry out their obligations under environmental law, the OEP might wish to issue linked notices to both or all of the authorities in question. For instance, if during the course of a major, cross-boundary development project it was found that two or more local authorities had neglected their responsibilities under Part IIA of the Environmental Protection Act 1990 to identify contaminated land and serve remediation notices where appropriate, leading to improper development of the site with potential implications for human health and the environment, it may be appropriate for the OEP to take action against both/all authorities in parallel using linked notices.
	Subsection (2) provides that the relevant Minister may also request that the OEP designates information or decision notices as linked, and that the OEP must have regard to such a request. This does not mean that the OEP is obliged to comply with the Minister’s request, but it must be able to demonstrate it has appropriately considered it. The meaning of "the relevant Minister" is as defined in section 33(11).
	Subsection (3) sets out that the OEP must provide the public authority receiving an information or decision notice (which is referred to as a "principal notice") with a copy of every notice which is linked to it. It also sets out that such notices shall be referred to in this section as "linked notices".
	Subsection (4) provides that the OEP must provide the recipient of a principal notice with a copy of any relevant correspondence which relates to a linked notice between the OEP and the recipient of that notice. What constitutes "relevant" correspondence is defined in subsection (8).
	Subsection (5) provides that the OEP must also 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. (The "relevant Minister" has the meaning given in section 33(11).) However, subsection (6) provides that subsection (5) does not apply where the recipient of either the principal notice or the linked notice is themselves a Minister of the Crown.
	Subsection (7) provides that the obligations set out under this section to provide copies of notices or correspondence will not apply where the OEP considers that to do so would not be in the public interest. For instance, where correspondence regarding a notice contained information pertaining to matters of national security, it may not be in the public interest to share this with other parties.
	Subsection (8) sets out what will be considered as "relevant" correspondence for the purposes of this section. Correspondence is considered relevant if:
as required by paragraph (a), it is not connected with an environmental review or any other legal proceedings, which would include judicial or statutory review; and
as required by paragraph (b), it is not sent to fulfil the requirements of section 40(1)(a) or 40(1)(b).