Citation and commencement

1. —(1) This Order may be cited as the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (Notices in the Interests of National Security) Order 2006.

(2) This Order shall come into force on 5th April 2006.

Interpretation

2. In this Order—

“controlled activity” has the same meaning as in the Regulations;

“controlled activity site” means any site where a controlled activity is carried on and which either is, or supplies potable water to, a defence establishment;

“defence establishment” means any site occupied for the purposes of—

“the Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2005( 4 ); and

“the relevant authorities” means the Scottish Ministers and the Scottish Environment Protection Agency.

Issuing of non-disclosure notices

3. —(1) If the Secretary of State is of the opinion that disclosure of any information relating to a controlled activity site would be contrary to the interests of national security, he may issue to the relevant authorities a non-disclosure notice in relation to that information.

(2) A non-disclosure notice made under paragraph (1) shall—

(a) be in writing;

(b) specify the information to which it relates; and

(c) state whether or not article 5 shall apply to any of the information specified in that notice.

Effect of non-disclosure notices

4. Where a non-disclosure notice has been issued in respect of any information—

(a) that information shall not be included—

(i) in the register maintained by virtue ofregulation 33(1) of the Regulations;

(ii) in any advertisement made by virtue of a requirement to advertise imposed in exercise of the power conferred by regulation 13(1) of the Regulations; and

(b) subject to article 6, the relevant authorities shall not—

(i) publish that information or any part of it;

(ii) disclose that information or any part of it to any person; or

(iii) require any other person to publish or disclose to another that information or any part of it

save where required to take any of these steps by a constable acting in the course of his duty or by an order of a court of competent jurisdiction.

5. Subject to article 6, where a non-disclosure notice states that this article shall apply to any of the information specified in it—

(a) the relevant authorities shall not give to any person, other than a constable acting in the course of his duty, any indication of the existence of that information save where required to do so by an order of a court of competent jurisdiction; and

(b) regulation 33(2) of the Regulations shall not apply in respect of that information.

6. —(1) In respect of any information to which a non-disclosure notice relates, the Secretary of State may make such exemptions from the duties imposed by articles 4(b) and 5 as appear to him to be appropriate.

(2) An exemption made pursuant to paragraph (1) shall only have effect if set out expressly on the face of the non-disclosure notice which relates to the information.

7. —(1) Subject to paragraph (2) the relevant authorities shall comply with the duties imposed by articles 4 and 5 notwithstanding any other duty or discretion imposed or conferred on them by any enactment.

(2) The relevant authorities shall not be bound by articles 4 and 5 to the extent that they prevent compliance with the enactments referred to in paragraph (3).

(3) The enactments referred to in paragraph (2) are—

(a) The Freedom of Information (Scotland) Act 2002( 5 ); and

(b) The Environmental Information (Scotland) Regulations 2004( 6 ).

Revocation and variation of non-disclosure orders

8. The Secretary of State may vary or revoke a non-disclosure notice by issuing a further notice to that effect.

Transfer of information between the relevant authorities

9. Nothing in this Order shall prevent the transfer of information between the relevant authorities.