National security exclusion from registers - EPA 1990 s.65
Procedure for excluding information from public registers (EPA 1990 s.64) on national security grounds: Secretary of State's power and notification process.
No information shall be included in a register maintained under section 64 above (a “register”) if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security. The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to the authorities maintaining registers directions— specifying information, or descriptions of information, to be excluded from their registers; or specifying descriptions of information to be referred to the Secretary of State for his determination; and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included. An authority maintaining a register shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under subsection (2) above. A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so— he shall notify the authority concerned that he has done so; and no information so notified to the Secretary of State shall be included in the register kept by that authority until the Secretary of State has determined that it should be so included.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision lets the Secretary of State keep information off the public register kept under section 64 if, in their opinion, including it would harm national security. The Secretary of State can give directions to the authorities that run the registers, telling them to leave out certain information or to refer specific items for a decision. Once information is referred, it cannot go into the register until the Secretary of State says it can.
Any person who thinks information might be covered by this national security exclusion can notify the Secretary of State, describing the information and why it might be sensitive. They must also tell the authority that keeps the register. After that, the information stays out until the Secretary of State decides it should be included. The authority must also tell the Secretary of State about any information it excludes under these directions.
When it applies
- A waste operator notices that details of a site's security arrangements are missing from the public register and wants to know why.
- A member of the public requests access to the full register and is told certain entries are withheld on national security grounds.
- The Secretary of State issues a direction to all waste authorities to exclude any information about military waste disposal sites.
- A person sees a document that appears to contain sensitive national security information and notifies the Secretary of State to prevent it being added to the register.
- An authority receives a direction to refer all information about a certain type of waste treatment to the Secretary of State for a decision.
What this section does not say
- This provision does not allow a business to keep its commercial secrets off the register; that is dealt with under section 66 (exclusion of confidential information).
- It does not give the public a right to challenge the Secretary of State's opinion on what harms national security.
- It does not apply to registers kept under other legislation, only to the register under section 64 of the Environmental Protection Act 1990.
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This page reproduces the text of EPA 1990 s. 65 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.