[F142A Exclusion from registers of information affecting national security.S
(1)No information shall be included in a register kept or maintained by SEPA under section 41 of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in such a register of that information, or information of that description, would be contrary to the interests of national security.
(2)The Secretary of State may, for the purposes of securing the exclusion from registers of information to which subsection (1) of this section applies, give SEPA directions—
(a)specifying information, or descriptions of information, to be excluded from their registers; or
(b)specifying descriptions of information to be referred to the Secretary of State for his determination;
and no information to be referred to the Secretary of State in pursuance of paragraph (b) of this subsection shall be included in any such register until the Secretary of State determines that it should be so included.
(3)SEPA shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) of this section.
(4)A person may, as respects any information which appears to him to be information to which subsection (1) of this section may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—
(a)he shall notify SEPA that he has done so; and
(b)no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.]
Textual Amendments
F1Ss. 42A and 42B substituted (1.4.1996) for s. 42 by 1995 c. 25, s. 120(1), Sch. 22 para. 29(20) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C1s. 42A applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg. 14(3)
C2S. 42A: certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7)