(1)No information shall be included in a register maintained under section 37A of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or of information of that description, would be contrary to the interests of national security.
(2)The Secretary of State may, for the purposes of subsection (1) above, give to [F2Scottish Water] directions—
(a)specifying information, or descriptions of information, to be excluded from the register; or
(b)specifying descriptions of information to be referred to him for his determination;
and no information referred to him in pursuance of paragraph (b) above shall be included in the register until he determines that it should be so included.
(3)[F3Scottish Water] shall notify the Secretary of State of any information [F4it excludes] from the register in pursuance of directions under subsection (2) above.
(4)A person may, as respects any information which (but for this section) might be included in the register but which he believes may be information whose inclusion would be contrary to the interests of national security, by notice so inform the Secretary of State, specifying the information and indicating its apparent nature; and if the person does so—
(a)he shall advise [F5Scottish Water] that he has given such notice; and
(b)no information in respect of which such advice has been given shall be included in the register until the Secretary of State has determined that it should be so included.]
Textual Amendments
F1S. 37B and sidenote inserted (30.6.1999) by 1994 c. 39, s. 103 (with s. 74(4)); S.I. 1998/2532, art. 2
F2Words in s. 37B(2) substituted (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 6(a)
F3Words in s. 37B(3) substituted (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 6(b)(i)
F4Words in s. 37B(3) substituted (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 6(b)(ii)
F5Words in s. 37B(4) substituted (14.7.2004) by Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 6(c)
Modifications etc. (not altering text)
C1S. 37B: Certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7); S.I. 1998/3178, art. 3