The Water Industry (Scotland) Act 2002 (Directions in the Interests of National Security) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order makes provision consequential on the Water Industry (Scotland) Act 2002 which, amongst other things, established Scottish Water and repealed section 117 of the Local Government etc. (Scotland) Act 1994 (“the 1994 Act”). Section 117 of the 1994 Act enabled the Secretary of State to give directions to the new water and sewerage authorities (now replaced by Scottish Water) in the interests of national security or for mitigating the effects of any civil emergency. This provision was amended (in part) by article 3 of and Schedule 2 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (“the 1999 Order”), so that the Scottish Ministers could also give directions, after consultation with the Secretary of State. The purpose of this Order is to confer on the Secretary of State and the Scottish Ministers the power to give directions to Scottish Water in the interests of national security or for mitigating the effects of any civil emergency.

Article 2 enables the Secretary of State, after consultation with Scottish Water, to give it directions in the interests of national security or for mitigating the effects of any civil emergency which may occur or directions to do or omit to do a specified thing, in the interests of national security or for mitigating the effects of any civil emergency which has or may occur. It also makes provision as regards the disclosure of directions. Any person who contravenes the disclosure provision is guilty of an offence and liable on conviction on indictment to imprisonment for up to 2 years and/or a fine.

Article 3 provides that specified functions conferred on the Secretary of State under article 2 of the Order are, so far as they are exercisable in or as regards Scotland, exercisable by the Scottish Ministers concurrently with the Secretary of State. Any such functions are exercisable by the Scottish Ministers only after consultation with the Secretary of State.

Article 4 makes provision for the laying of directions before the Scottish Parliament or each House of Parliament, as appropriate. It mirrors the former provisions under section 117 of the 1994 Act, as amended by article 6 of and Schedule 5 to the 1999 Order.