208 Directions in the interests of national security.E+W
(1)The Secretary of State may, after consultation with a relevant undertaker[F1, water supply licensee or sewerage licensee], give to that undertaker [F2[F3or licensee] (as the case may be)] such directions of a general character as appear to the Secretary of State to be requisite or expedient in the interests of national security or for the purpose of mitigating the effects of any civil emergency which may occur.
(2)If it appears to the Secretary of State to be requisite or expedient to do so in the interests of national security or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, he may, after consultation with a relevant undertaker [F4, water supply licensee or sewerage licensee], give to that undertaker [F2[F5or licensee] (as the case may be)] a direction [F6requiring that undertaker or licensee] to do, or not to do, a particular thing specified in the direction.
(3)It shall be the duty of a relevant undertaker [F7, water supply licensee or sewerage licensee], notwithstanding any other duty imposed [F8on that undertaker or licensee] (whether or not by or under this Act), to comply with any direction given [F9to that undertaker or licensee] by the Secretary of State under this section; and the duty of a relevant undertaker [F7, water supply licensee or sewerage licensee] to comply with any such direction shall be enforceable under section 18 above by the Secretary of State.
[F10(3A)The Secretary of State may, after consultation with the Council, give to the Council such directions of a general character as appear to the Secretary of State to be requisite or expedient—
(a)in the interests of national security; or
(b)in connection with any civil emergency which may occur.
(3B)If it appears to the Secretary of State to be requisite or expedient to do so—
(a)in the interests of national security; or
(b)in connection with any civil emergency which has occurred or may occur,
he may, after consultation with the Council, give to the Council a direction requiring it to do, or not to do, a particular thing specified in the direction.
(3C)The Council shall comply with any direction given to it by the Secretary of State under this section.]
(4)The Secretary of State shall lay before each House of Parliament a copy of every direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security.
(5)A person shall not disclose, or be required by virtue of any enactment or otherwise to disclose, anything done by virtue of this section if the Secretary of State has notified him that the Secretary of State is of the opinion that disclosure of that thing is against the interests of national security.
(6)Any person who discloses any matter in contravention of subsection (5) above 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.
(7)Any reference in this section to a civil emergency is a reference to any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely, in relation to any area—
(a)so to disrupt water supplies or sewerage services; or
(b)to involve such destruction of or damage to life or property in that area,
as seriously and adversely to affect all the inhabitants of that area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise.
Textual Amendments
F1Words in s. 208(1) substituted (1.4.2016) by Explanatory Note 2014 (c. 21), s. 94(3), Sch. 7 para. 117(2)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F2Words in s. 208(1)(2) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 48(2)(b); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)
F3Words in s. 208(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(2)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F4Words in s. 208(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F5Words in s. 208(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F6Words in s. 208(2) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(3)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F7Words in s. 208(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(4)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F8Words in s. 208(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(4)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F9Words in s. 208(3) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 117(4)(c); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(z) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F10S. 208(3A)-(3C) inserted (1.10.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 27(6); S.I. 2005/2714, art. 2(l)(v) (with Sch. para. 8)
Modifications etc. (not altering text)
C1S. 208: certain functions exercisable concurrently with the Secretary of State (W.) (1.7.1999) by S.IO. 1999/672, art. 2, Sch. 1
C2S. 208 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 15 (with reg. 1(1)(c))