Water Act 2003

78 National security E+W

(1) In section 2 of the Reservoirs Act 1975 (c. 23) (registration of reservoirs and enforcement of Act, etc), after subsection (2) there is inserted—

“(2A) If it appears to the Secretary of State that the inclusion of any information in the register maintained under subsection (2) above by the Environment Agency would be contrary to the interests of national security, he may direct the Agency not to include that information in the register.”

(2) After section 12A of that Act (which is inserted by section 77 of this Act) there is inserted—

“12B Flood plans and national security

(1) If it appears to the Secretary of State that in the interests of national security any person or class of persons referred to in any one or more of paragraphs (a) to (e) of section 12A(3) above should not be consulted about a proposed direction, he may treat that subsection as not referring to that person or to that class of person.

(2) In relation to any reservoir (whether a large raised reservoir or not, as the case may be) the Secretary of State may, by written notice served on the undertakers, require them not to publish, or not to publish except as specified in the notice—

(a) a flood plan prepared by them pursuant to a notice given under section 12A above;

(b) any corresponding plan prepared by them other than pursuant to such a notice,

and a notice under this subsection may also require the undertakers to withhold access to any such plan from any person except as specified in the notice.”

Commencement Information

I1 S. 78 in force at 1.10.2004 for E. by S.I. 2004/2528, art. 2(n) (with Sch. para. 8)

I2 S. 78 in force at 11.11.2004 for W. by S.I. 2004/2916, art. 2(b)