Citation, commencement and interpretation

1. —(1) This Order may be cited as the Water Industry (Scotland) Act 2002 (Directions in the Interests of National Security) Order 2002 and shall come into force on 31st May 2002.

(2) In this Order, “Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002( 2 ).

Directions in the interests of national security

2. —(1) The Secretary of State may, after consultation with Scottish Water, give Scottish Water such directions of a general character as appear to the Secretary of State to be requisite or expedient–

(a) in the interests of national security; or

(b) for the purpose of mitigating the effects of any civil emergency which may occur.

(2) If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, the Secretary of State may, after consultation with Scottish Water, give Scottish Water a direction requiring that it does or, as the case may be, does not do a particular thing specified in the direction.

(3)Scottish Water, notwithstanding any other duty imposed on it by, under or by virtue of this Order or any other enactment, shall comply with any direction given to it under this article by the Secretary of State.

(4) A person shall not disclose, or be required on any basis whatsoever to disclose, anything done by virtue of this article if the Secretary of State is of the opinion that disclosure of the thing would be against the interests of national security and has notified that person of that opinion.

(5) A person who, in contravention of paragraph (4) above, discloses anything is guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(6) In paragraphs (1) and (2) above, “civil emergency” means a natural disaster or other emergency which in the opinion of the Secretary of State is, or may be, likely–

(a) so to disrupt water supplies, the provision of sewerage or disposal of sewage in; or

(b) so to involve such destruction of, or damage to, life or property in,

any area as seriously and adversely to affect all the inhabitants of the area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise.

Functions exercisable by the Scottish Ministers and the Secretary of State

3. —(1) Subject to paragraph (2) below, the functions which are exercisable by the Secretary of State under article 2(1), (2) and (4) above shall, so far as they are exercisable in or as regards Scotland, be exercisable by the Scottish Ministers concurrently with the Secretary of State.

(2) The functions referred to in paragraph (1) above shall be exercisable by the Scottish Ministers only after consultation with the Secretary of State.

Laying of directions

4. —(1) The Scottish Ministers shall, except in a case where the Secretary of State is of the opinion that disclosure of the direction is against the interests of national security, lay before the Scottish Parliament a copy of any direction given by them or the Secretary of State under this Order.

(2) The Secretary of State shall lay before each House of Parliament a copy of any direction given by the Secretary of State under this Order unless the Secretary of State is of the opinion that disclosure of the direction is against the interests of national security.