The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (Notices in the Interests of National Security) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order makes provision consequential on the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (“the 2005 Regulations”), made under the Water Environment and Water Services (Scotland) Act 2003. The 2005 Regulations provide the mechanism by which activities which impact on the water environment are authorised and regulated in Scotland. The 2005 Regulations apply to “controlled activities” as defined in regulation 2 of the Regulations. Part III of the 2005 Regulations makes provision as to applications to the Scottish Environment Protection Agency (SEPA) for authorisations to carry on one or more controlled activities. Regulation 13(1) of the 2005 Regulations empowers SEPA to require that applications be publicly advertised. Regulation 32 of the 2005 Regulations empowers the Scottish Ministers and SEPA to obtain information, which may include information about controlled activities and the locations where they are carried on. Regulation 33(1) of the 2005 Regulations imposes a duty on SEPA to maintain a register containing particulars described in Schedule 8 of the Regulations, which may include information about controlled activities and the locations where they are carried on.

Article 3 empowers the Secretary of State to issue a non-disclosure notice if he is of the opinion that disclosure of information relating to a controlled activity site (as defined in Article 2) would be against the interests of national security.

Article 4 makes provision as to the effects of issuing a non-disclosure notice.

Article 5 applies to information where so stated in a non-disclosure notice and makes provision to prevent disclosure of that information’s existence.

Article 6 empowers the Secretary of State to make exemptions, in respect of any information to which a non-disclosure notice relates, from the duties imposed by articles 4(b) and 5.

Article 7 provides that the relevant authorities (the Scottish Ministers and SEPA) shall comply with their duties under the preceding two articles notwithstanding any other duty or discretion imposed or conferred by any enactment other than those set out.

Article 8 empowers the Secretary of State to revoke or vary non-disclosure notices.

Article 9 provides that the continued transfer of information between SEPA and the Scottish Ministers is unaffected.