National security exclusion from registers EPA 1990 s. 78S
Allows Secretary of State to exclude info from registers for national security, direct enforcing authorities, and accept notifications from individuals.
No information shall be included in a register maintained under section 78R above 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 enforcing authorities 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. The enforcing authority shall notify the Secretary of State of any information which 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 enforcing authority that he has done so; and 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.
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 is about the contaminated land register that enforcing authorities must keep under section 78R of the EPA 1990. It allows the Secretary of State to order that certain information be left out of the register if including it would, in the Secretary of State's opinion, harm national security. The Secretary of State can also give directions to enforcing authorities telling them to exclude specific information or to refer certain information to the Secretary of State for a decision.
If a person thinks that information they have might be covered by this national security exemption, they can notify the Secretary of State. Once they do, the information cannot be put on the register until the Secretary of State decides it should be included. The person must also tell the enforcing authority that they have notified the Secretary of State. The enforcing authority must inform the Secretary of State of any information it excludes under these directions.
When it applies
- A former military airfield is contaminated with fuel and the government wants to keep the exact location of underground storage tanks off the register for national security.
- Information about a site used for intelligence operations that has contamination from old electronic equipment.
- A nuclear research facility with radioactive contamination that the government deems sensitive.
- A coastal defence site where the type of contaminants is classified.
What this section does not say
- This provision does not cover information that is simply commercially confidential or a trade secret – that is covered by section 78T.
- It does not give a private landowner the right to have information about their own land excluded from the register because they consider it embarrassing or private.
- It does not allow the Secretary of State to exclude information arbitrarily; the exclusion must be in the opinion of the Secretary of State that it would be contrary to national security.
- It does not provide a mechanism for appealing the Secretary of State's decision to exclude information.
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This page reproduces the text of EPA 1990 s. 78S 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.