CONSTITUTIONAL LAW 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 Secretary of State for Defence; the Defence Council; any of the armed forces of the Crown; any visiting force as defined in the Visiting Forces Act 1952 ; or any international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ; “the Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2005 ; 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 of regulation 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 ; and b The Environmental Information (Scotland) Regulations 2004 . 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. Don Touhig Parliamentary Under Secretary of State Ministry of Defence 9th March 2006