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The Water and Sewerage Services (Northern Ireland) Order 2006

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Water and Sewerage Services (Northern Ireland) Order 2006 No. 3336

Directions in the interests of national security

294.—(1) The Secretary of State may, after consultation with a relevant undertaker, give to that undertaker such directions of a general character as appear to the Secretary of State to be requisite or expedient in the interests of national security.

(2) If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security, he may, after consultation with a relevant undertaker, give to that undertaker a direction requiring it to do, or not to do, a particular thing specified in the direction.

(3) It shall be the duty of a relevant undertaker, notwithstanding any other duty imposed on it (whether or not by or under this Order), to comply with any direction given to it under this Article; and the duty of a relevant undertaker to comply with any such direction shall be enforceable under Article 30 by the Department.

(4) The Secretary of State may, after consultation with the Council, give to the Council such directions of a general character as to the exercise of its functions under this Order as appear to the Secretary of State to be requisite or expedient in the interests of national security.

(5) If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security, he may, after consultation with the Council, give to the Council a direction requiring it in the exercise of its functions under this Order to do, or not to do, a particular thing specified in the direction.

(6) The Council shall comply with any direction given to it under this Article.

(7) The Secretary of State shall lay before both Houses of Parliament a copy of every direction given under this Article unless he is of the opinion that disclosure of the direction is against the interests of national security.

(8) A person shall not disclose, or be required by virtue of any statutory provision or otherwise to disclose, anything done by virtue of this Article if the Secretary of State has notified him that he is of the opinion that disclosure of that thing is against the interests of national security.

(9) Any person who discloses any matter in contravention of paragraph (8) shall be 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.

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